Monk v. Magee Carpet Co.

Citations

• 69 Pa. Super. 436
• 1918 Pa. Super. LEXIS 104

Syllabus

<p>Practice, C. P. — Affidavit of defense — Contract—Breach.</p> <p>In an action to recover damages for a breach of a contract to deliver a quantity of rugs, where the statement sets forth the difference between the contract price and the amount paid by the plaintiff for rugs which he bought, and which he avers were of the substantial quality of those contracted for, an affidavit of defense is sufficient which denies the averment of the statement, and states that the plaintiff could have purchased in the open market, tapestry and velvet rugs similar in quality to those contracted for, but that instead of doing so, he purchased axminster and mitón rugs which were of a different quality in weave and texture, and of much higher price than those contracted for.</p>