Stein v. Slomkowski

Citations

• 74 Pa. Super. 156
• 1920 Pa. Super. LEXIS 114

Syllabus

<p>Practice — Assumpsit—Affidavit of defense — Evidence—New defense at tried — Acts of June 28,1917, and May H, 1915 (Practice Act).</p> <p>1. A defendant since the passage of the Practice Act of 1915 is required to set forth in his affidavit of defense not only such matters as are sufficient to prevent judgment but also every matter of defense upon which he intends to rely unless the defect appears in the plaintiff’s own case.</p> <p>2. In an action of assumpsit for goods sold and delivered, where the defendant, at the trial, offered to prove that the plaintiffs, at the time when the goods were sold and the action was brought, were not registered in the prothonotary’s, office nor with the secretary of the Commonwealth as provided in the Act of June 28, 1917, P. L. 645, the lower court rightfully refused the offer because such defense was not set forth in the defendant’s affidavit of defense, as required by the Act of May 14, 1915, P. L. 483.</p> <p>Contract — Building contract — Materials ordered by owner — Liability for.</p> <p>3. The fact that a general contractor was erecting the defendants building under a contract which waived the filing of mechanics’ liens by subcontractors did not prevent the owner from buying fixtures on his own account or making himself liable for fixtures included in the contract if ordered by and sold to him.</p>