Hershey v. Johns

Citations

• 39 Pa. Super. 645
• 1909 Pa. Super. LEXIS 549

Syllabus

<p>Affidavit of defense — Practice, C. P. — Goods sold and delivered — Parol evidence — Written instrument.</p> <p>In an action to recover the price of an engine sold under a written contract, an affidavit of defense is insufficient which avers that prior to the written contract the plaintiff made certain representations as to the capacity of the engine which representations turned out to be untrue, if there is no averment that the representations were omitted in the writing through fraud, accident or mistake and no averment that the engine delivered was a different one from that mentioned in the contract, or that the plaintiff failed to comply with the terms of the contract.</p>