Rodgers v. Mann

Per Curiam,

Plaintiff appeals from refusal of judgment for want of sufficient affidavit of defense.

The case concerns the sale of five separate pieces of land under five distinct written agreements. Defendant, among other defenses, sets up a contemporaneous oral agreement. Both plaintiff and defendant allege default on the other’s part, and each denies the other’s averments. The pleadings consist of the statement of claim, an affidavit of defense raising questions of law (which was overruled and defendant allowed fifteen days to file an affidavit to the merits), and two separate additional…