Punxsutawney Iron Co. v. Fort Pitt Malleable & Grey Iron Co.

Citations

• 216 Pa. 432
• 65 A. 941
• 1907 Pa. LEXIS 835

Syllabus

<p>Contract — Affidavit of defense — Practice, C. P. — Averment on belie}.</p> <p>In an action of assumpsit on a contract an affidavit of defense averring that the contract had been cancelled by plaintiff’s agent, is sufficient to prevent judgment, if the affiant uses the words “believes and says” in averring the agency, and then gives in detail the facts and circumstances relating to the course of dealing between the parties through the alleged agent, specifically stating that the agent had the authority to cancel the contract, and did cancel it, and concluding with the averment that all of the facts set out in the affidavit are “true and correct.”</p>