Ohio Salt Co. v. Carrigan

Citations

• 65 Pa. Super. 270
• 1916 Pa. Super. LEXIS 60

Syllabus

<p>Affidavit of defense — Practice, G. P. — Sales—Gopy of booh entries.</p> <p>In an action brought to recover the price of salt sold and delivered, where a copy of the book entries is attached to the statement of claim, and it is averred that the salt was delivered on a date appearing in the book entries, an affidavit of defense is insufficient which merely questions the accuracy of the book entries, denies that the salt was received on the date mentioned in the book entries, and avers that the salt received was of an inferior grade which was sold at a loss, without any averment that at any time the defendant notified the plaintiff of either the shortage, or the inferior quality, or that the defendant inspected the salt, and without any averment at what time and place the salt was sold, or that the price received for'it was the reasonable market price.</p>