Reilly v. White
Supreme Court of Pennsylvania
Appeal, No. 122, Oct. T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1910, No. 448, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas Reilly v. Bernard White. Rule for judgment for want of a sufficient affidavit of defense in action on a building contract.
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Appeal, No. 122, Oct. T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1910, No. 448, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas Reilly v. Bernard White. Rule for judgment for want of a sufficient affidavit of defense in action on a building contract. Before Kennedy, P. J. Suit was brought by the plaintiff to recover from the defendant the sum of $49,474.21, of which $29,474.21 was claimed as balance of contract price and extras, and $20,000, on a general claim for damages. The statement of claim admitted that…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of assumpsit in which the plaintiff *118sought to recover a balance of $29,474.21 on a contract for the erection of a building. He also sought to recover an additional sum of $20,000 as damages for alleged breaches of the contract on the part of the defendant. The court below held the affidavit of defense to be insufficient as to the sum of $29,338.07 claimed by plaintiff, but held that an offset of $10,200, as damages for delay in completion of the building, was sufficiently averred, and therefore entered judgment for want of a sufficient affidavit…
2Cases cited4 opinions
- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Markley v. StevensSupreme Court of Pennsylvania · 1879
- Comly, Flanigan & Co. v. SimpsonSuperior Court of Pennsylvania · 1897
3Cited by5 opinions
- Levine v. Pittsburgh State BankSupreme Court of Pennsylvania · 1924
- First National Bank v. TustinSupreme Court of Pennsylvania · 1914
- Stanton v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1912
- Hohensee v. Colonial Airlines, Inc., Pennsylvania Court of Common Pleas, Luzerne County1950
- Kelly-Wood Real Estate Co. v. LloydSuperior Court of Pennsylvania · 1912