Hood v. Lower Merion Building & Loan Ass'n

Citations

• 42 Pa. Super. 7
• 1910 Pa. Super. LEXIS 283

Syllabus

<p>Affidavit of defense — Practice, C. P. — Set-off—Rent—•Married woman.</p> <p>In an action of assumpsit an affidavit of defense is sufficient which avers, in order to establish a set-off, that the plaintiff was a married woman, that her husband had absconded and was living in another state, that for a period of months stated, plaintiff had used and occupied a house which the defendant had bought in foreclosure proceedings against plaintiff’s husband; that the rental claimed was a reasonable one according to rents paid for similar adjoining houses, that plaintiff had paid a portion of said rentals, but that the remainder was still due, and that defendant was entitled to set it off as against plaintiff’s claim.</p>