Robbins v. Jay

Citations

• 27 Pa. Super. 652
• 1905 Pa. Super. LEXIS 121

Syllabus

<p>Affidavit of defense — Practice, C. P. — Contract.</p> <p>In an action of assumpsit to recover money received by the defendant, the plaintiff is not entitled to summary judgment where the affidavit of defense contains averments which tend to show that the plaintiff had no direct dealings or contract with the defendant, that there was no subsisting relation requiring good faith on the part of one toward the other, that if the plaintiff parted with his money he did not do so on the faith of anything done or promised to be done by the defendant, and that he. had in no way been overreached by any design or conniving of the defendant.</p>