Ziegler v. McFarland
Supreme Court of Pennsylvania
Appeal, No. 62, July T., 1891, by defendants, McFarland & Brother, from judgment of C. P. No. 8, Phila. Co., in favor of plaintiff, Henry Z. Ziegler, for want of a sufficient affidavit of defence.. Assumpsit on a promissory note.
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Appeal, No. 62, July T., 1891, by defendants, McFarland & Brother, from judgment of C. P. No. 8, Phila. Co., in favor of plaintiff, Henry Z. Ziegler, for want of a sufficient affidavit of defence.. Assumpsit on a promissory note. The defendant filed an affidavit of defence, which was in part as follows : “ In May, 1890, the defendant sold to the plaintiff a certain brown horse for the price or sum of $450. This was paid to the defendants, $200 in cash and $250 by a certain other horse bought by the defendants from the plaintiff. No warranty of any kind was given with the brown horse sold by…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The affidavit sets up in substance three grounds of defence. First, that the note or duebill sued upon was signed by defendants, “ not intending or understanding it to be any settlement or obligation to pay that definite sum of money, but as an undertaking to furnish the plaintiff with a satisfactory horse, . . . and affiant signed the same on the express representation to him by plaintiff that it was a mere matter of form, and not an obligation.” Of this it is sufficient to say that it is a flat contradiction of the terms of a plain business writing,. *610which any…
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