Sweigard v. Ice Co.

Citations

• 15 Pa. Super. 285
• 1900 Pa. Super. LEXIS 340

Syllabus

<p>Essentials of affidavit of defense — Damages alleged — Sale—Executory contract of sale.</p> <p>Granting that a vendee under an executory contract of sale may accept the article and retain his right to damages for noncompliance with the contract, it is well settled that his affidavit of defense must aver in clear and precise terms, when that is possible, the amount of damages he has sustained.</p> <p>Affidavit of defense — Deduction or set-off.</p> <p>An affidavit of defense must state with exactness not only as to source and character a deduction or set-off, but also the amount, when the facts are within the defendant’s knowledge.</p>