Jackson v. Farrell
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 694, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered.
Read the full summary
Appeal, No. 94, Oct. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 694, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Plaintiff claimed on an oral agreement of lease of a certain store on the boardwalk at Atlantic City, rented to defendant as a candy store for the season of 1896 at a rental of $800, of which $200 was paid by defendant on January 18, 1896, the balance to be paid before the expiration of the year 1896; the defendant occupied the premises during the season and still had possession of the same on the…
1Opinion of the Court
Opinion by
Beaver, J.,
The affidavit of defense in this case is made by the attorney of the defendant. All the statements therein contained are, of course, based upon information and belief. Technically there should have been an averment of an expectation on the part of the defendant to prove the facts thus stated. The affidavit, however, is in itself so faulty that it is not necessary to rely upon this technicality to affirm the judgment of the court below. Admitting, that the covenant on the part of the plaintiff to move the building occupied by the defendant to the board walk thereafter to…
2Cases cited3 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- Peterson v. HaightSupreme Court of Pennsylvania · 1838
- Warner v. CaulkSupreme Court of Pennsylvania · 1838
3Cited by7 opinions
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Gorman v. MillerSuperior Court of Pennsylvania · 1905
- McSorley v. AllenSuperior Court of Pennsylvania · 1908
- Demas v. LaskeySupreme Court of Pennsylvania · 1948
- J. & R. REALTY, INC. v. United StatesDistrict Court, E.D. Pennsylvania · 1976
2 more not listed; retrieve them via the Exa API.