Laferty v. Sheriff

Citations

• 2 Monag. 202
• 16 A. 90
• 1888 Pa. LEXIS 829

Syllabus

<p>In an action of assumpsit, plaintiffs claimed in their statement that defendants owed them for the price of a boiler sold and delivered, and for work and materials furnished for the erection of the same, and that, “ at the time said indebtedness was contracted, said defendants were then doing business as a general partnership, and had not then become a limited partnership association.” The defendants, in their affidavit of defense, averred that “the defendant company is not a general partnership, as they will prove on trial, but a limited partnership that the plaintiffs had delivered to them, prior to the delivery of the permanent boiler, a temporary boiler, which was defective in construction, and that, by reason thereof, their work had been delayed and material in-, juredand that damages had been suffered by them to an amount exceeding plaintiffs’ claim, stating the amount approximately. Held, that the affidavit of defense was evasive and insufficient.</p>