Wilson v. James H. Boud & Brother

Citations

• 166 Pa. 273
• 31 A. 78
• 1895 Pa. LEXIS 1191

Syllabus

<p>Affidavit of defence—Contract—Sheriff's sale—Act of .April 22, 1856.</p> <p>Plaintiff owned a lot of ground which was about to be sold at sheriff’s sale. The value of the lot was in excess of its incumbrances. Defendants, who were plaintiff’s brothers, agreed in writing to attend the sale, and try and buy the property, and if they bought it to hold it for plaintiff’s benefit, or reeonvey it to her upon the payment of the amount paid by them together with the expenses. It was further agreed that if plaintiff was either unable or unwilling to take it back, that then defendants should pay her for it at a certain price, upon which they were to be allowed credit for the amount bid at the sheriff’s sale, and the incumbrance against the lot not discharged by the sale. Plaintiff did not take back the lot, but claimed a balance due her under the contract, and fifteen years afterwards brought suit to recover it. Defendants filed an affidavit of defence in which they denied that plaintiff had any claim, and averred that she had never made any claim upon them until shortly before suit was brought, and that plaintiff had acknowledged that she had been fully settled with by defendants. The affidavit of defence did not refer to the act of April 22, 1856, P. L. 532. Held, that a rule for judgment for want of a sufficient affidavit of defence was properly discharged.</p>