Brimton v. Horn

Reese, P. J.,

In this action of assumpsit plaintiffs seek to recover from defendants the balance alleged to be due on account of the purchase price of certain premises conveyed by plaintiffs to defendants. To the statement of claim defendants have filed an affidavit of defense, which avers new *525matter designated as a counterclaim. Plaintiffs have entered a rule for judgment for want of a sufficient affidavit of defense, in which they attack the legal sufficiency of the affidavit of defense and of the new matter or counterclaim.

Where defendant files an affidavit of defense and avers new matter,…