Gardner v. Madonna

Opinion by

Porter, J.,

The appellant assigns for error the action of the court below in making absolute a rule for judgment for want of a sufficient affidavit of defense. The action is for building materials sold and delivered. The affidavit of defense did not sufficiently deny the sale and delivery of the material and raised no question as to the prices to be paid for the same. The defense relied upon was an alleged novation, which is thus stated in the supplemental affidavit of defense: “The said plaintiff was indebted to the said E. Allen Beeves and it was orally agreed in and during the…