Penn Shovel Co. v. Phelps

Citations

• 24 Pa. Super. 595
• 1904 Pa. Super. LEXIS 241

Syllabus

<p>Set-off — Affidavit of defense — -Judgment.</p> <p>Allegations of set-off in general terms in an affidavit of defense are not .to be regarded. The defendant in respect to a claim of set-off is the actor. The averments must be as specific as those used in a statement of claim, and failure to file an affidavit specific and precise as to source, character and amount must result in judgment being entered against the defendant.</p> <p>Contract — Past dealings — Sales.</p> <p>The fact that a person has been regularly purchasing goods from another,, will not sustain an action for damages for the refusal of the seller to fill further orders.</p>