Killen v. Brown
Superior Court of Pennsylvania
Appeal, No. 2, October T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1896, No. 96, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered.
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Appeal, No. 2, October T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1896, No. 96, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. The affidavit of defense was as follows: “ William R. Brown, being duly sworn according to law, deposes and saj^s that he is the defendant named in the above case, and that he has a just, true, full and legal defense to the whole of the plaintiff’s claim of the following nature and character, to wit: “ That it is true that the defendant employed the plaintiff to perform certain paper hanging in…
1Opinion of the Court
Per Curiam,
This action was brought to recover a balance alleged to be due for papering five houses. The affidavit, of defense alleges “ that the said work was done in an unworkmanlike manner,” without specifying how, or in what respect it was unworkmanlike ; “ that the material furnished was of an inferior quality, and not in accordance with his contract,” without alleging that the plaintiff contracted to furnish paper of superior quality or setting forth what the contract was; and “ that soon after said work was done, said paper faded and became loosened from the wall,” without alleging that…
2Cases cited2 opinions
- Peck v. JonesSupreme Court of Pennsylvania · 1871
- Port Kennedy Slag Works v. William Krause & SonsSuperior Court of Pennsylvania · 1897
3Cited by1 opinion
- Gausler v. BridgesSuperior Court of Pennsylvania · 1900