Moore v. Schmitt

Citations

• 46 Pa. Super. 584
• 1911 Pa. Super. LEXIS 317

Syllabus

<p>Affidavit of defense — Practice, C. P. — Receivers—Corporations—Order of court.</p> <p>■In an action by the receiver of a corporation on a written contract which expressly provided that the contract would not be valid unless ratified and confirmed by the court, where the statement of claim avers that the contract had been confirmed by the court, but does not set forth any record, order or decree showing the confirmation of the contract, an affidavit of defense is sufficient which specifically avers that the contract had not been confirmed. In such a case the defendant is not required to attach a copy of the record of the court to show that the contract had not been confirmed.</p>