Mutual Union Brewing Co. v. Dithrich

Citations

• 54 Pa. Super. 560
• 1913 Pa. Super. LEXIS 105

Syllabus

<p>Affidavit of defense — Set-off—Sale of beer — Practice, C. P.</p> <p>1. In an action by a brewing company against a wholesale liquor dealer to recover the price of beer sold'and delivered during one month, an affidavit of defense is sufficient which avers that the defendant had purchased beer from the plaintiff for one whole year including the month in question, that during the year the plaintiff had delivered a number of barrels stated, all of which were of uniform size, that during the month in question the defendant had weighed a number of barrels and found that each was short two gallons; that each gallon was worth a price stated, and that the amount of the deficiency should be set off pro tanto against the plaintiff’s claim.</p> <p>Custom — Invalid custom — Liquor business — Continuance of agency.</p> <p>2. There can be no valid custom of the liquor business in the absence of a contract to that effect, which requires a brewery to continue the agency of a wholesale liquor dealer so long as the agency is satisfactory to the retail trade.</p>