Reilly v. White

Citations

• 234 Pa. 115
• 82 A. 1107
• 1912 Pa. LEXIS 618

Syllabus

<p>Contracts — Affidavits of defense — Practice, C. P.</p> <p>1. Affidavits of defense should aver the facts depended upon with reasonable precision and distinctness. Averments of set-off must be as specific as those used in a statement of claim.</p> <p>2. In an action of assumpsit by a builder to recover a balance alleged to be due on a contract for the erection of a building and also an additional sum as damages for alleged breaches by the defendant in failing to perform his part of the contract, there is no mixture of claims for contract and tort and the defendant will be required to furnish an affidavit of defense.</p> <p>3. In such a case portions of the affidavit of defense which consist merely of general denials and which fail to specify the particulars of alleged noncompliance with the contract will be held insufficient.</p>