Order of Unity v. McCann

Citations

• 57 Pa. Super. 61
• 1914 Pa. Super. LEXIS 150

Syllabus

<p>Master and servant — Discharge from employment — Affidavit of defense.</p> <p>1. Where a defendant seeks to set off a counterclaim for damages arising from an alleged wrongful discharge from employment, an affidavit of defense to be sufficient must aver the conditions of the contract of employment, the services to be performed and a fixed term of employment.</p> <p>2. An affidavit of defense which sets up an employment of defendant by plaintiff’s agent and a wrongful discharge from such employment is insufficient if it does not also set forth the date on which the defendant’s employment was to begin, the authority of the agent who employed him, the time within which he was to work, or the length of time that' he did work, and the precise services which he was to render, and the actual performances of such services.</p> <p>Mortgage — Scire facias — Suit by assignee — -Affidavit of defense.</p> <p>3. On a scire facias sur mortgage brought in the name of the assignee of the mortgage, an affidavit of defense is insufficient which avers that there was no right of action in the assignee, and denies that there had been a legal assignment of the mortgage. Such statements without more are mere conclusions of law.</p>