Jillson v. Restein

Citations

• 15 Pa. Super. 636
• 1901 Pa. Super. LEXIS 402

Syllabus

<p>Affidavit of defense — Contract—Damages—Set-off.</p> <p>An affidavit of defense which does not deny the debt claimed, but sets off damages alleged to have been caused by the failure of the plaintiff to deliver goods contracted to be sold to defendant in another transaction, is insufficient where the defendant states that he received part of the goods, but in such language as not to indicate what proportion the goods received were to the whole order, and fails to state the price at which the goods were ordered, or in what market other goods had been purchased in place of those ordered.</p> <p>Where an affidavit of defense sets up a breach of a contract other than the contract sued upon, and it appears that such contract was made by correspondence, copies of the letters constituting the contract should be attached to the affidavit of defense. Merely stating the alleged substance of the letters is not a proper way to state the contract.</p>