Markley v. Stevens
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 120. Covenant by Sadosa S. Stevens against Benjamin II.
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Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 120. Covenant by Sadosa S. Stevens against Benjamin II. Markley, to recover arrears of rent upon a lease under seal, dated July 1st 1872. The claim was for $210, the rept alleged to be due from January 15th to May 1st 1877. The defendant filed an affidavit of defence wherein he averred that on the 28th day of June 1872, the said defendant purchased from the plaintiff a certain drug-store; that plaintiff guaranteed that there were in the said store at time of sale at least $8000 worth of drugs, medicines, &c., and…
1Opinion of the CourtJustice Mergur
In this case judgment was entered against the plaintiff in error, for want of a sufficient affidavit of defence. The validity of the debt claimed by the defendant in error was not denied;. but the defence is set-off arising out of a separate transaction.
The question then is, whether the affidavit, with reasonable certainty, avers facts that would establish a valid claim against the defendant in error ? Substantially it avers that the affiant purchased of the defendant in error a drug store, under a guarantee that there was at the time of sale at .least $8000 worth of drugs, medicines, &c,…
2Cited by8 opinions
- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Baker v. TustinSupreme Court of Pennsylvania · 1914
- Close v. HancockSuperior Court of Pennsylvania · 1897
- Reilly v. WhiteSupreme Court of Pennsylvania · 1912
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