Vollmer v. Magowan

Citations

• 180 Pa. 110
• 36 A. 571
• 1897 Pa. LEXIS 884

Syllabus

<p>Affidavit of defense — Sale—Promissory notes.</p> <p>In an action upon promissory notes for over thirty thousand dollars given for furniture and carpets sold to the defendant, an affidavit of defense was filed averring that the goods were all to be first class, whereas there were various defects in them which were unknown to the defendant when he gave the notes, and also that the plaintiff had failed “ to deliver some of the articles of a very valuable character, which still remain undelivered to the extent of about, at least, one thousand dollars,” and that by reason thereof defendant was greatly injured. The affidavit did not otherwise describe the goods not delivered, nor state their value. Held, that the affidavit of defense was too vague and indefinite to carry the case to the jui'y.</p>