Snyder v. Lingo

Citations

• 30 Pa. Super. 651
• 1906 Pa. Super. LEXIS 140

Syllabus

<p>Practice, C. P. — Affidavit of defense — Contract—Sale.</p> <p>In an action, to recover the price of a machine, affidavits of defense are insufficient to prevent judgment which admit that the machine was used for three years, but aver certain defects, and that there was a suit against defendant for infringement of patents as to which plaintiff was bound to protect defendant, but fails to show what amount defendant is entitled to deduct from the contract price by reason of such defects or such suit.</p> <p>In an action for the price of a machine the defendant cannot set off damages alleged to have occurred from the construction by plaintiff of another machine for a third party by the use of a device patented by the defendant. Such damages sound in tort and cannot be set off in an action of assumpsit.</p>