Howland Pulp Co. v. Jessup & Moore Paper Co.

Citations

• 21 Pa. Super. 495
• 1902 Pa. Super. LEXIS 392

Syllabus

<p>Contract — Sale—Quality—Quantity—Affidavit of defense.</p> <p>In an action to recover the price of pulp where it appears from the statement that the pulp was sold at a certain price eighty-five and three tenths per cent “ dry,” an affidavit of defense is sufficient which avers that the pulp when delivered was only seventy-five and seven tenths percent air dry test, making nine and six tenths per cent excessive moisture, for which defendant was entitled to an allowance. In such a case it is not the quality but the quantity of the goods which is in question, and the case is for the jury.</p>