Ryon v. Starr

Citations

• 214 Pa. 310

Syllabus

<p>Affidavit of defense — Practice, C. P. — Contracts.</p> <p>Where plaintiff’s claim depends upon written contracts and papers set out in the statement and the affidavit of defense raises no issue of fact by denying any part of the statement except the inference from the face of the papers, it is a question of law for the court to decide upon the statement and affidavit.</p> <p>Where the statement of claim contains a copy of the contracts on which the action is based, and all other papers and accounts between the parties relating to the matter in dispute, and the affidavit of defense does not deny a single material averment in the statement, the case is for the court and not for the jury.</p>