Willson v. Harned

Citations

• 57 Pa. Super. 580
• 1914 Pa. Super. LEXIS 239

Syllabus

<p>Practice, C. P. — Affidavit of defense — Copy of written instrument.</p> <p>1. When an affidavit of defense sets up a written instrument as a defense against the claim of the plaintiff, it must have attached to it, or contain a copy of the instrument in order that the coürt can construe it and determine whether the defendant’s interpretation of the same is correct, unless he gives a good and sufficient reason for his inability to attach such copy.</p> <p>2. In an action against a sales agent to recover the value of goods' delivered to the defendant, and not accounted for in cash, or returned, where the statement of claim sets forth the terms of the agreement between the parties, and an itemized statement of the goods in question, an affidavit of defense is insufficient which avers that defendant left certain of the goods intrusted to him with customers on trial and that he “did all he could to collect for goods so left on trial, or to have the goods returned, and down to the time he quit acting as agent for plaintiffs, the amount of goods left on trial uncollected for and not returned, amounted to quite an amount, probably in the neighborhood of the amount claimed by plaintiffs in this case; that said deponent has books showing an account of the goods left on trial, and uncollected for, and will produce the same at the trial of this cause.”</p> <p>3. In such a case if the defendant had books showing an account of the goods left on trial, and unaccounted for, he was bound to incorporate that account in his affidavit of defense, and swear to its correctness.</p> <p>4. In an action based upon a written agreement, an affidavit of defense is insufficient which avers that the contract had been changed in writing, and “that deponent has a copy of said contract last entered into, and will produce the same upon the trial of this cause.” A copy of such changed contract must be annexed to the affidavit,</p>