Rainey v. Morgan

Citations

• 242 Pa. 33
• 88 A. 798
• 1913 Pa. LEXIS 832

Syllabus

<p>Sales — Mining machinery — Recovery of purchase price — Assumpsit — Affidavit of defense — Sufficient averments.</p> <p>In an action of assumpsit to recover money paid by plaintiffs to defendant for four machines for mining and loading coal, where the statement of claim set forth a contract by which the machines were to be furnished to plaintiffs at cost, and put in position in order to demonstrate their work, and averred that though payments had been made by plaintiffs to defendant, only two machines had been furnished, which were useless for the purpose intended, and that there was an implied warranty that the machines would do the work for which they were ordered, an affidavit of defense is sufficient which avers that defendant was induced to enter into the contract by plaintiffs’ manager who was familiar with mining machinery and believed that the machines could be used in plaintiffs’ mine; that during the construction of the ma- . chines, plaintiffs’ manager had required a change of power which ■ had greatly increased the cost, and that defendant had expended in the construction of the machines more than they had received from plaintiffs, who had countermanded their order after two ma-' chines were delivered.</p>