Rosenblum v. Stolzenberg

Citations

• 36 Pa. Super. 644
• 1908 Pa. Super. LEXIS 222

Syllabus

<p>Practice, C. P. — Affidavit of defense — Defective statement of claim— Pleading.</p> <p>Where the declaration is defective, the defendant is not required to file an affidavit of defense; but if he does and the affidavit is itself defective, judgment will not be entered against him. The declaration must be self-sustaining.</p> <p>In an action on a building contract the plaintiff is not entitled to judgment in the absence of an averment of full compliance with the terms of the written contract under which he did the work and furnished the materials, in the absence of an averment of waiver by the defendant.</p> <p>A declaration for extra -york an¿ materials is not sufficient to call for an affidavit of defense if it does not aver any contract on the part of the defendant to pay for extra work and materials, or that the defendant requested the plaintiff to furnish extras in the line of work and materials, and there is no clear averment that all of the so-called extras were not included in the written contract, nor any averment that the prices charged were reasonable and just, or the usual and ordinary charges for such work and materials.</p>