Nicoll v. D. B. Martin Co.

Citations

• 73 Pa. Super. 577
• 1920 Pa. Super. LEXIS 72

Syllabus

<p>Practice, C. P. — Affidavits of defense — Sufficiency—Contracts— Contract of agency.</p> <p>In an action of assumpsit to recover the purchase price of coal and commissions due thereon, an affidavit of defense is sufficient, which alleges that the contract was made under the rules and regulations of the United States fuel administration, which contained a specification of the character of coal which could be shipped subsequent to the date of the making of the contract, and that the several shipments of coal involved were full of impurities, and were not of a character permitted in the United States fuel administration regulations. The affidavit further averred that the said coal had been examined by an inspector on behalf of the Pennsylvania fuel administration, who had condemned and rejected the same because it did not meet the government requirements, and that due notice of the condemnation and rejection of said coal had been given by the inspector of the United States fuel administration to the plaintiff, and that notice of said rejection had also been given to the plaintiff by the defendant. Under such circumstances, a rule for judgment for want of a sufficient affidavit of defense is properly discharged.</p>