United Oil Cloth Co. v. Dash

Citations

• 32 Pa. Super. 155
• 1906 Pa. Super. LEXIS 308

Syllabus

<p>Practice, C. P. — Affidavit of defense — Judgment for amount admitted— Interest — Act of May 31, 1893, P. L. 185.</p> <p>Whilst the Act of May 31, 1893, P. L. 185, furnishes ample warrant for a plaintiff to take judgment for an amount admitted to be due and to proceed to recover the balance, such judgment must be strictly confined to the amount clearly and fairly admitted to be due. Interest cannot be allowed, where the statement furnishes no facts from which it can be determined how much interest, if any, is due.</p> <p>In an action for goods sold and delivered, an affidavit of defense is sufficient to prevent judgment, which admits that the goods charged for at the prices named were shipped to and received by defendants, but avers that the same goods, by arrangement with the plaintiff, were not only reshipped to, but actually received by the plaintiff, by reason whereof the defendants are entitled to credit at the invoice prices.</p>