Kittanning Plate Glass Co. v. Krakovitz

Citations

• 56 Pa. Super. 623
• 1914 Pa. Super. LEXIS 130

Syllabus

<p>Affidavit of defense — Practice, C. P. — Set-off—Failure to deliver goods.</p> <p>In an action upon a promissory note, an affidavit of defense is insufficient which avers, in support of a set-off, a breach of contract on the plaintiff’s part to deliver two carloads of plate glass by reason of which defendants were compelled to buy in the open market at higher rates, without, however, specifying how much they bought or how much was originally ordered, or the total original contract price, or any definite figures from which the court could determine the amount of the purchases in the open market or fix the amount of the loss.</p>