Stage v. Smith

Citations

• 41 Pa. Super. 273
• 1909 Pa. Super. LEXIS 51

Syllabus

<p>Affidavit of defense — Set-off—Sale of land — Vendor and vendee— Statute of frauds.</p> <p>1. In an action on a promissory note an affidavit of defense is insufficient which avers that the defendant sold to plaintiff an interest in land covered by a contract with a third party, at a price more than the amount claimed by plaintiff, but does not set forth the contract. If the contract was in writing it must be attached to the affidavit of defense. If it was not in writing, it was void under the statute of frauds. In either case the averment of set-off is insufficient.</p> <p>2. An affidavit averring set-off must set forth with particularity and certainty all material circumstances connected with the alleged set-off.</p>