Schaefer v. Lange

Citations

• 37 Pa. Super. 617
• 1908 Pa. Super. LEXIS 337

Syllabus

<p>Affidavit of defense — Contract—Book entries — Case for jury.</p> <p>In an action of assumpsit for an amount named on an account containing lumping charges for a large number of items of furniture, an affidavit of defense is sufficient which specifically denies the purchase of the goods to the amount named, or any part thereof, on open book account as averred by plaintiff, and specifically avers that the contract was to furnish certain rooms for a sum stated which was less than the sum set forth in the statement of claim, and further avers that the plaintiff failed to comply with his contract in a material and substantial manner, that the goods delivered were not in accordance with the contract, and that the defendant refused to accept the same and notified the plaintiff to remove them from the house.</p>