Palmer v. Uplift Publishing Co.

Citations

• 256 Pa. 370
• 100 A. 973
• 1917 Pa. LEXIS 618

Syllabus

<p>Contracts — Sales—Affidavit of defense — Sufficiency — Defective goods — Late delivery.</p> <p>In an action to recover the purchase-price of goods, sold and delivered to the defendant, an affidavit of defense is sufficient which avers that the deliveries of the goods, which were intended for the holiday trade, were late and that the goods were therefore useless; that they were improperly packed, defectively manufactured and not according to representation; that upon their delivery defendant promptly notified plaintiffs of such facts; that an attempt to dispose of the goods, made at plaintiff’s request, was ineffectual; that defendant notified plaintiffs to remove the goods and made formal tender of same to plaintiffs, and that plaintiffs refused to take them.</p>