Kamber v. Becker

Citations

• 27 Pa. Super. 266
• 1905 Pa. Super. LEXIS 48

Syllabus

<p>Contract — Sale—Assignment of claim — Affidavit of defense — Practice, C. P.</p> <p>In an action for goods sold and delivered brought by an assignee of the seller to his own use, an affidavit of defense which avers that the defendant had entered into an agreement of compromise with his creditors for the sum of twenty-five per cent of their claim and that the legal plaintiff had signed said agreement, is insufficient where the affidavit does not aver the payment of the twenty-five per cent, nor readiness to pay it to the legal plaintiff, and the affidavit also does not deny notice of the assignment of the claim prior to defendant’s attempt to compromise and settle it with the legal plaintiff.</p> <p>Contract — Statement of claim — Pleading—Sale.</p> <p>In an action for goods sold and delivered the statement is sufficient if it avers the sale and delivery of the goods and the amount for which they were sold, and that this sum is justly due and unpaid, with a copy of a book account annexed. In such a case it is immaterial that the statement omits to aver that the goods were sold and delivered to defendant “at his request.”</p> <p>Interest — Sale—C ontract.</p> <p>By the custom of Pennsylvania a book account for goods sold, bears interest from the end of six months after the sale and delivery.</p>