Josephson & Sons v. Weintraub

Citations

• 78 Pa. Super. 14
• 1921 Pa. Super. LEXIS 331

Syllabus

<p>Sales — Yerbal contract — Failure of delivery — Sales Act of 1915, P. L. 51fS, section A</p> <p>Plaintiffs who, because of their own blunder in making shipment, have failed to deliver goods in accordance with their verbal contract, cannot maintain an action upon a book account for tbe price, where the value of the goods was more than $500, and there had been no payment of any part of the purchase money or anything in earnest to bind the contract.</p> <p>Pleading and practice, G. P.- — Practice Act of 1915, P. L. 488 — ■ Affidavit of defense — Statutes—Pleading.</p> <p>A defendant is not bound, in his affidavit of defense, to refer to every general act of assembly which may be applicable to the facts brought out in the testimony. One who, in his affidavit of defense, clearly presents every defense, upon which he relies, to the claim as set forth in the plaintiff’s statement, is entitled to avail himself, as a further defense, of the benefits of statutes not pleaded, and only made applicable by the plaintiff’s testimony, but is not permitted to introduce a new defense.</p>