Winkleblake v. Dyke

Citations

• 161 Pa. 5
• 28 A. 937
• 1894 Pa. LEXIS 620

Syllabus

<p>Practice — Pleading—Statement—Act of May 25, 1887.</p> <p>Under the act of May 25, 1887, P. L. 271, a statement should contain all the ingredients of a complete cause of action averred in clear, express, and unequivocal language, so that if the defendant is unable to controvert or deny one or more of the material averments of claim, a judgment in default of an affidavit or sufficient affidavit of defence may be entered and liquidated.</p> <p>Where suit is brought to recover damages for particular breaches of a parol contract involving a number of stipulations, there must be an averment, not only as to the aggregate loss, but specific statements of the dam age sustained in the several distinct particulars</p>