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· 7/28/1899

Loeser v. Erie City Rag Warehouse

Citations

  • 10 Pa. Super. 540
  • 1899 Pa. Super. LEXIS 314

Syllabus

<p>Affidavit of defense — Preciseness demanded in allegations of set-off.</p> <p>Allegations of set-off in general terms are not to be regarded; the averments must be as specific as those used in a statement of claim. The defendant in respect to a claim of set-off is the actor, he has the affirmative of the issue and .must aver his set-off in terms incapable of being misunderstood. Failure to file an affidavit, specific and precise as to source, character and amount must result in judgment being entered against him.</p>

Judges: Beaver, Beeber, Oready, Porter, Rice

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