Vulcanite Paving Co. v. McNichol

Citations

• 215 Pa. 100
• 64 A. 325
• 1906 Pa. LEXIS 740

Syllabus

<p>Contract — Municipal contractor — Paving—Affidavit of defense.</p> <p>In an action by a subcontractor against a city contractor to recover for asphalt pavement, where the statement of claim avers that the work was to be paid for on monthly estimates, and that it had been accepted as satisfactory, an affidavit of defense is sufficient which distinctly denies that payments were to be made on monthly estimates, or that the work had been accepted as satisfactory, and avers that the work was not to be paid for unless and until the same was paid for by the city.</p> <p>In such a case the contractor is not required to aver that he had fully complied with his contract with the city, and that the refusal of the latter to pay was unwarranted. The withholding of payment by the city gave rise to no inference of a default on the contractor's part. It may have been for a good reason, or for a bad one. There was no presumption either way.</p>