Lemm v. Potamkin

Citations

• 35 Pa. Super. 626
• 1908 Pa. Super. LEXIS 93

Syllabus

<p>Affidavit of defense — Practice, C. P. — Contract—Perishable goods.</p> <p>In an action of assumpsit to recover the price of fish alleged to have been sold free on board cars at a station in Illinois, an affidavit of defense is sufficient which denies that the fish was sold free on board in Illinois, and avers that they were sold for delivery in Philadelphia on a day stated, and for a particular market day; that they arrived three days late, that they were spoiled and in an unmarketable condition, and could not be carried over until the next week’s market.</p>