Keystone Dairies, Inc. v. Ricci

WlNDLE, P. J.,

— Plaintiff brought this action to recover a balance due on a book account. Defendant filed an affidavit of defense, admitting the averments of fact in plaintiff’s statement but, under the heading “New Matter”, averring additional facts which he contends bar plaintiff’s recovery at this time of the amount sought. Plaintiff thereupon took this rule for judgment for want of a sufficient affidavit of defense, which is now before us for disposition.

The facts relied upon by defendant as set forth in his affidavit of defense, the averments of which must, for the purposes of this…