Swartz, Adm. v. Crum

Opinion by

Parker, J.,

This is an action in assumpsit by a vendee to recover hand money paid to the vendor on an agreement for the purchase of real estate and comes to us on an appeal from an order of the court of common pleas of Dauphin County discharging a rule for judgment for want of a sufficient affidavit of defense. After the action was begun, the vendee died and his administratrix was substituted as plaintiff.

The averments of the statement of claim not dénied and the allegations in the affidavit of defense must therefore be treated as verity for present purposes. With that principle in…