Pittsburg Automobile Co. v. Iron City Sand Co.

Citations

• 54 Pa. Super. 622
• 1913 Pa. Super. LEXIS 115

Syllabus

<p>Practice, C. P. — Affidavit of defense — Lack of particularity.</p> <p>1. In an action to recover for work done and material furnished on a motor truck which the plaintiff had originally sold to the defendant under a guaranty, an affidavit of defense is insufficient which avers generally that the material furnished and the work performed were faulty, and that many of the items charged for should have been done at the plaintiff's own expense under the guaranty, but wdthout' any objection to the specific items, and without any particular statement of the material or workmanship alleged to bo defective.</p> <p>2. In an action to recover for work done and material furnished on a motor truck owned by the defendant, an affidavit of defense is insufficient, which avers in general terms that the material furnished and work performed was faults', and that as a consequence of this the defendant had repairs made by another company which amounted to an aggregate sum stated, but without specifying in detail what these items were, or in what respect the material and workmanship were defective.</p>