Kelly-Wood Real Estate Co. v. Lloyd
Superior Court of Pennsylvania
Appeal, No. 32, April T., 1912, by defendant, from order of C. P. No. 3, Allegheny Co., May T., 1911, No. 137, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Kelly-Wood Real Estate Company v. S. H. Lloyd. Assumpsit on a promissory note.
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Appeal, No. 32, April T., 1912, by defendant, from order of C. P. No. 3, Allegheny Co., May T., 1911, No. 137, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Kelly-Wood Real Estate Company v. S. H. Lloyd. Assumpsit on a promissory note. The defendant’s affidavit of defense was as follows: Defendant avers that the $1,200 promissory note, a copy of which is set out in plaintiff’s statement, was given by him to plaintiff in settlement of a commission claimed for services rendered by plaintiff to defendant as agents of defendant, in the following…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant resists the plaintiff’s claim on two grounds set up in the affidavit of defense: (a) that the plaintiff practiced a deceit in making false representations to the defendant as to the amount of rent received from the property which the defendant took in exchange, and (b) that if the representations were not deceitfully made the plaintiff negligently managed the defendant’s business to the latter’s damage by reason of which the consideration for the note failed; but we do not find in the affidavit averments of fact which are sufficient to make the alleged…
2Cases cited1 opinion
- Reilly v. WhiteSupreme Court of Pennsylvania · 1912