Weixel v. Lennox

Citations

• 179 Pa. 457
• 36 A. 229
• 1897 Pa. LEXIS 666

Syllabus

<p>Affidavit of defense — Misrepresentations—Set-off—Promissory note.</p> <p>In an action upon a promissory note an affidavit of defense is sufficient which avers that the consideration of the note was the assignment of certain oil and gas leases; that defendant was induced to execute and deliver the note by tire false and fraudulent representations of the plaintiffs that the territory leased gave every prospect of yielding large wells, and that a certain well then in process of drilling upon said leases was not then in the gas sand, when in point of fact it was through it, and was a small producer, which was well known to plaintiffs, and that the defendant was largely prejudiced thereby; and further, that the plaintiffs were indebted to the defendant for a specified amount for drilling certain other oil and gas wells, which amount defendant offered as a set-off in this case.</p>