McCambridge & Co. v. O'Callaghan

Citations

• 27 Pa. Super. 199
• 1905 Pa. Super. LEXIS 34

Syllabus

<p>Guaranty — Written agreement — Parol evidence — Evidence—Affidavit of defense.</p> <p>In an action on a written guaranty absolute on its face, an affidavit of defense is insufficient which avers that the defendant was only to pay the debt guaranteed out of moneys to be paid to him from certain sources designated, without any averment that anyone had obligated himself or promised to pay such moneys. Such an averment is in effect that defendant would not be liable if the moneys were not paid to him, and is in direct contradiction of the terms of the absolute guaranty.</p>