Johnston v. Sanger

Decided March 12, 1883

Supreme Court of Pennsylvania · decided 1883-03-12

No. 207, January Term, 1883. The affidavit of defense in this case was as follows: Henry Johnston, of the firm of Adam Johnston & Son, the defendants in the above suit, being duly sworn according to law, deposes that they have a just and legal defence to the whole of the plaintiffs’ claim, the nature and character of which is as follows: The defendants having entered into a contract with the Little-Rock, Mississippi and Texas Railway Company, in the summer of 1881, for the…

Decided 1883-03-12

¶1The Supreme Court affirmed the judgment of the Common Pleas on March 12th, 1883, in the following opinion:

Per Curiam.

¶2This affidavit is clearly insufficient. There is no distinct averment that the defendant in error had any knowledge of the existence of the contract with the Little Rock, Mississippi & Texas Railway Company. It is not alleged that the plaintiffs in error paid a higher price for the lumber, nor that they did not accept the lumber furnished by, defendants in error. The entire omission of these facts leaves the affidavit radically defective to defeat a recovery.

¶3Judgment affirmed.