Photogravure & Color Co. v. Goodman

Citations

• 38 Pa. Super. 343
• 1909 Pa. Super. LEXIS 139

Syllabus

<p>Affidavit of defense — Practice, C. P. — Assumpsit for work done — Set-off.</p> <p>1. In an action to recover for work done in making photogravure plates and printing therefrom, an affidavit of defense is sufficient to prevent judgment which avers that by reason of the defects and faults in the prints due to the careless and unskillful workmanship of plaintiff, many of the persons who subscribed for the work for which they were intended, refused to take the books, that at least 100 books were left unsold to defendant’s loss of $500, and that the book had suffered in reputation, and also that a large number of subscribers on account of the defective work had refused to renew their subscriptions and that defendant had suffered thereby to the amount of $1,000.</p> <p>2. In such a case the defendant may also set up -in his affidavit of defense that it was the understanding between him and the plaintiff, and in accordance with the custom of the trade, that these plates were to become the property of the defendant, but that the plaintiff had never delivered them, and that the defendant was entitled to set off their value to an amount named against plaintiff’s claim.</p>