Permutit Co. v. Wallace

Citations

• 264 Pa. 9
• 107 A. 220
• 1919 Pa. LEXIS 577

Syllabus

<p>Affidavit of defense — Sufficiency — Vague and indefinite averments — Action for purchase price — Failure to deliver article contracted for — Contract—Certificate of architect.</p> <p>1. In an action for balance of purchase price of water softening filter plant which the plaintiff delivered under a contract which merely called for a filter seven feet six inches inside diameter and sixteen feet high with a capacity of 100,000 gallons in twelve hours, an affidavit of defense is insufficient, which avers that plaintiff failed to deliver a filter of the required dimensions of sixteen feet from the “bottom to the top of the well” and instead delivered one of a different capacity and size, namely, 14 feet 3% inches “outside height from the bottom to the top of the swell of the top and bottom” without any averment that in the trade a 16-foot filter meant 16 feet from the “bottom to the top of the swell” and without averment as to the inside diameter, nor an averment that the filter did not have a capacity of 100,000 gallons in twelve hours as provided in the contract.</p> <p>2. Where the purchase price became due absolutely by the terms of the contract within a stated time after delivery of the materials, it seems that defendant would not be relieved of his obligation to pay by the absence of an architect’s certificate, if the architect was no longer in defendant’s employ.</p>