Ketcham v. Baxter

Citations

• 252 Pa. 492
• 97 A. 693
• 1916 Pa. LEXIS 648

Syllabus

<p>Contracts — Statements of claim — Affidavits of defense — Insufficient averments.</p> <p>Where in an action on an agreement by defendant to pay to plaintiff a stipulated sum out of the first money coming into his hands belonging to a third person, which had been assigned by such third person to plaintiff, it appears from the statement of claim and affidavit of defense that defendant had negotiated a note of such third person and with the proceeds had paid a debt of his own returning the balance to the maker, and that he had failed to make any payment to plaintiff in accordance with the agreement, judgment for plaintiff for want of a sufficient affidavit of defense was properly entered.</p>