Port Kennedy Slag Works v. William Krause & Sons
Superior Court of Pennsylvania
Appeal, No. 83, Oct. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1897, No. 915, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Plaintiff claimed for balance due on a contract for one hundred tons of roofing slag sold and delivered in accordance with the terms of a contract.
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Appeal, No. 83, Oct. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1897, No. 915, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Plaintiff claimed for balance due on a contract for one hundred tons of roofing slag sold and delivered in accordance with the terms of a contract. The defendants filed the following affidavit of defense: “ Bernard J. Krause, being duly sworn, deposeth and saith that he is a manager of the firm of William Krause & Sons, the defendants in this suit. Defendants have a full and…
1Opinion of the Court
Per Curiam,
It was held in Callan v. Lukens, 89 Pa. 134, that there is no rule that a supplemental affidavit of defense is to be confined to an explanation of the original, and cannot set up a new and different defense; such a course, however, is suspicious and requires that the new defense should be closely scrutinized. This is especially to be observed where the affidavits are contradictory, as they are in this case. The first affidavit avers that the portion of the plaintiff’s account, for which payment has not been made, is not for “merchantable roofing slag,” as the contract stipulated,…
2Cases cited1 opinion
- Callan v. LukensSupreme Court of Pennsylvania · 1879
3Cited by6 opinions
- Elzea v. BrownSuperior Court of Pennsylvania · 1915
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
- Snyder v. LingoSuperior Court of Pennsylvania · 1906
- Killen v. BrownSuperior Court of Pennsylvania · 1897
- Sweigard v. Ice Co.Superior Court of Pennsylvania · 1900
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