Anderson v. Williams
Superior Court of Pennsylvania
Appeal, No. 118, Oct. T., 1898, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 899, for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Assumpsit. Before the court in banc. It appears from the record that action was brought on a bill of exchange at sight accepted by defendant for $838 for certain oranges shipped by the plaintiff from California to the defendant in Philadelphia.
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Appeal, No. 118, Oct. T., 1898, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., March T., 1898, No. 899, for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Assumpsit. Before the court in banc. It appears from the record that action was brought on a bill of exchange at sight accepted by defendant for $838 for certain oranges shipped by the plaintiff from California to the defendant in Philadelphia. Defendant filed an affidavit and supplemental affidavit of defense which alleged that the oranges which he had received, accepted and sold were not “ fancy oranges ”…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The defendant in the case had two opportunities to present a defense by affidavit. Neither the original alone nor as supplemented by the second, sets forth facts which should have prevented the entry of judgment. Independent of the question whether there was a warranty and a breach, the defendant admits that a “few” of the boxes contained oranges “in accordance with the contract,” He wholly neglects to indicate more ex*331plicitly how many. The word “ few ” is a relative term and of great elasticity of meaning. The defense is set-off. The amount thereof is fixed by…
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