Martin v. Fridenberg

Citations

• 169 Pa. 447
• 36 W.N.C. 464
• 32 A. 429
• 1895 Pa. LEXIS 1112

Syllabus

<p>Affidavit of defense — Contract—Entire and several contract — Parol evidence to vary written contract.</p> <p>In an action to recover the purchase money of a house sold under a written agreement, an affidavit of defense is sufficient to prevent judgment, which avers that the agreement sued on does not embody the whole contract; that the contract was for the purchase of three houses, one owned by plaintiff alone, and the other two by plaintiff and M.; that a written agreement was prepared for the purchase of the other two properties, to be executed in connection with the one sued on, and that it was not executed becauseM. was absent; that the defendant signed the-paper in suit, relying on plaintiff’s promise that the other should be executed by M. and himself not later than the next day; that it was never executed ; and that plaintiff had not tendered a deed for the other two properties, but only for the property mentioned in the writing upon which suit was brought.</p>