Simkin v. Reinhardt

Citations

• 77 Pa. Super. 362

Syllabus

<p>Replevin — Bailment—Amount due on bailment — Tender—Affidavit of defense — Sufficiency.</p> <p>In an action of replevin, an affidavit of defense is sufficient, which alleges tender of the amount which the defendant thinks he owes, together with an averment that he has frequently asked the plaintiff for a statement of the account between them.</p> <p>Where there is an averment of willingness to perform the contract in full and a refusal on the part of the plaintiff to assist in the determination of the amount in dispute, the affidavit contains sufficient allegations to have the case submitted to a jury.</p>