Kessler v. Connor

Citations

• 32 Pa. Super. 145
• 1906 Pa. Super. LEXIS 305

Syllabus

<p>Practice, C. P. — Affidavit of defense — Contract—Failure of consideration — Promissory notes.</p> <p>In an action upon several promissory notes the affidavit of defense averred that “The notes sued upon here were given in payment for certain whisky which was ordered from the plaintiff in this suit. Under the terms of the contract, of which these notes were a part, plaintiffs agreed to deliver certain whisky to this defendant, the agreement being that the whisky was to be delivered at once and the term of these notes was in reality a period of credit. The defendant avers, however, that the plaintiff company totally ignored this phase of the contract and did not deliver any whisky to him at the time, nor have they ever delivered to him any whisky since.” Held, that the affidavit contained a clear and explicit denial that defendant had ever received any consideration for the notes in suit, and that it was sufficient to prevent judgment.</p>