Pennsylvania State Agricultural Society ex rel. Wilhelm v. Jermyn

Citations

• 167 Pa. 359
• 31 A. 660
• 1895 Pa. LEXIS 911

Syllabus

<p>Contract — Affidavit of defense — Settlement of account.</p> <p>Plaintiff, an agricultural society, and another society of which defendant was treasurer, agreed to hold a joint fair. The contract provided that “ during the holding of the fair the party of the first part (plaintiff) at its option, may have its treasurer with his two assistants, assisting the treasurer and his assistants of the party of the second part .... and the books of the said fair shall be open for inspection by the secretary and treasurer of the party of the first part, at every and all times from the opening of the fair to the final settlement of the accounts between the parties hereto, and the payment of whatever sum may be due hereunder to the party of the first part.” In an action by the plaintiff against the treasurer of the other society to recover half the net proceeds of the fair, defendant filed an affidavit of defense in which he averred that there had never been a settlement of accounts between the two societies; that lie was not a party to the contract; that he was not treasurer of the plaintiff; that he had received the moneys as treasurer of his own society, and had paid them out in accordance with the rules of, and as directed by, that society. Held, that a rule for judgment for want of a sufficient affidavit of defense was properly discharged.</p>