Kosciusko Oil Mill & Fertilizer Co. v. Jackson

Citations

• 38 Pa. Super. 237
• 1909 Pa. Super. LEXIS 120

Syllabus

<p>Contract — Sale—Sample—Affidavit of defense — Practice, C. P.</p> <p>In an action to recover for goods purchased by an agent known to be such by the defendant, an affidavit of defense is sufficient which avers that the agent was authorized to purchase goods of a certain grade only, that on being informed that a purchase had been made, defendant requested samples, that the samples were up to grade, but that one-fourth of the goods first delivered were not up to grade and were returned, and that subsequent shipments were rejected.</p>