Vincent v. Jenkins

Citations

• 60 Pa. Super. 448
• 1915 Pa. Super. LEXIS 217

Syllabus

<p>Practice, O. P. — Amendment of statement — Supplemental affidavit of defense.</p> <p>Where the court permits a defective statement to be amended, the defendant should have notice of the amendment, and a copy of the amended statement, and should be given an opportunity to file an additional affidavit of defense if he so desires.</p> <p>It is proper practice for the court in its order allowing the amendment to be filed, to direct that the defendant file a supplemental affidavit'of defense if he so desires, and permitting the plaintiff to move for judgment for want of a sufficient affidavit within a reasonable length of time.</p> <p>In an action for goods sold and delivered, where there is no controversy over the quantity, quality or cost of the material, an affidavit of defense is sufficient which sets forth a complete denial of contractual relationship either by the defendant or any one for him, with the plaintiff.</p>