National Milk Sugar Co. v. Smith, Kline & French Co.

Citations

• 253 Pa. 95
• 97 A. 940
• 1916 Pa. LEXIS 789

Syllabus

<p>Qontracts — Sales—Executory contracts — Rescission — Affidavits of defense — Insufficient averments.</p> <p>A manufacturer of milk sugar sold its product to certain vendees at a special price under an agreement which provided that the vendees would not enter into competition with the vendor by selling the milk sugar to other persons, and that if the agreement were violated by the vendees, the vendor might recover for all loss suffered by reason of the forbidden sale, for all milk sugar delivered and not paid for, and might rescind the contract on ten days’ notice of its intention to do so. In an action by the vendor for milk sugar sold and delivered to the vendee, plaintiff .alleged a violation by defendant of the agreement relating to the sale of milk sugar, and that the contract had been rescinded; the affidavit of defense admitted the violation of the agreement but averred that it was done inadvertently and counterclaimed for the loss sustained by reason of plaintiff’s rescission of the agreement. Held, the lower court did not err in entering judgment for plaintiff for want of a sufficient affidavit of defense.</p>