Philadelphia Warehouse Co. v. Colonial Biscuit Co.

Citations

• 33 Pa. Super. 134
• 1907 Pa. Super. LEXIS 257

Syllabus

<p>Practice, C. P. — Affidavit of defense — Construction of affidavit.</p> <p>In disposing of a rule for judgment for want of a sufficient affidavit of defense, the sufficiency of the affidavit is not to be determined by applying to it the same rules of refined and technical criticism that were formerly thought necessary to be applied in passing on the validity of a bill of indictment or a demurrer at common law. On the contrary, such affidavit is to be construed in a spirit of fair liberality; its language is to be given the same meaning it would be given in the ordinary speech of the people, and all of the statements of fact therein appearing, when thus regarded, must be accepted as true.</p> <p>In an action for goods sold and delivered where the plaintiff’s statement of claim avers in explicit terms that the sale was for net cash, and the affidavit of defense denies just as explicitly that the agreement was for net cash, but that the defendant was to pay for the goods as they were delivered from time to time in accordance with needs of defendant’s business, that is to say for a designated amount per week, the affidavit of defense is sufficient to prevent judgment.</p>