Standard Automobile Co. v. Thurston

Citations

• 54 Pa. Super. 160
• 1913 Pa. Super. LEXIS 32

Syllabus

<p>Contract — Warranty—Breach of warranty — Affidavit of defense— Practice, C. P.</p> <p>1. Where an article of merchandise is sold with a warranty of its quality, and the purchaser retains it after notice of its defects, the measure of damages for the breach of the warranty is the difference between the value of the thing as warranted, and its market ■ value with the quality which it had. In an action for the price, the purchaser may set up the difference as a defense, but the affidavit of defense should set forth a clear and concise statement of the facts which constitute the basis for an assessment of damages under the rule by which they are measured.</p> <p>2. In an action to recover the price of an automobile retained and used by the defendant, an affidavit of defense setting up a breach of warranty and a resulting money damage in an amount stated, is insufficient which contains no specification of particulars from which the court could determine what the market value of the automobile was, and also fails to set forth with particularity,' the defects alleged as the breach of warranty.</p> <p>Practice, C. P. — Discretion of court — Refusal to allow third affidavit of defense to be filed.</p> <p>3. The appellate court will not review the discretion of the court of common pleas in refusing defendant permission to file a third affidavit of defense after judgment had been entered and opened.</p> <p>Pleadings — Statement of claim, — Items of account.</p> <p>4. Where an account accompanying a statement of claim begins with an item designated as “balance due” followed by an amount stated, such item will be stricken out before judgment is entered for plaintiff for want of a sufficient affidavit of defense.</p>