Perna v. McFadden

Citations

• 33 Pa. Super. 76
• 1907 Pa. Super. LEXIS 244

Syllabus

<p>Contract — Building contract — Liquidated damages — Affidavit of defense.</p> <p>In an action by a contractor against the owner to recover a balance alleged to be due on a building contract, where it appears that the contract provided that the contractor should pay as liquidated damages $1.00 per day for each day of delay in the completion of twelve houses, an affidavit of defense which claims to set off damages for delay for forty days in completing the twelve houses, is insufficient if it fails to state how many houses were finished within the time limit, wherein was the contract unfinished, and what, if anything, was done by the defendant to remedy the delay caused by the plaintiff’s alleged default.</p>