Port Kennedy Slag Works v. William Krause & Sons
Port Kennedy Slag Works v. William Krause & Sons
Opinion of the Court
It was held in Callan v. Lukens, 89 Pa. 134, that there is no rule that a supplemental affidavit of defense is to be confined to an explanation of the original, and cannot set up a new and different defense; such a course, however, is suspicious and requires that the new defense should be closely scrutinized. This is especially to be observed where the affidavits are contradictory, as they are in this case. The first affidavit avers that the portion of the plaintiff’s account, for which payment has not been made, is not for “merchantable roofing slag,” as the contract stipulated, but for what is called in the trade
Judgment affirmed.
Reference
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- The Port Kennedy Slag Works v. William Krause & Sons
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- Syllabus
- Practice, Q. P. — Scope and scrutiny of supplemental affidavits of defense. Wiiile there is no rule that a supplemental affidavit of defense is to be confined to an explanation of the original and cannot set up new matter, such course is suspicions and requires a new defense to be closely scrutinized, especially when the two affidavits cannot be dovetailed but .are contradictory. Affidavits of defense — Essentials of affidavit. An affidavit of defense is defective which fails to state the facts specifically and with sufficient detail to enable the court to say whether they amount to a defense, and to what extent they amount to a defense, and also to inform the plaintiff with some degree of certainty what will be interposed to defeat his claim.