Young v. Miller & Miller Lumber Co.

Citations

• 42 Pa. Super. 175
• 1910 Pa. Super. LEXIS 310

Syllabus

<p>Contract — Sale—Affidavit of defense — Premature suit.</p> <p>1. In an action for goods sold and delivered an affidavit of defense is insufficient which avers that the suit was prematurely brought before the expiration of three months from the date of sale, that the goods were purchased upon an order containing the words “Terms usual,” and that these words meant in the transaction, three months’ credit.</p> <p>2. In such a ease the averment as to the meaning of words “Terms usual” should be specific as to the facts. If the meaning given by the affidavit had been acquired by a course of dealing between the parties, or if it was a meaning which had grown out of local usage, these facts ought to be set forth.</p>