Thomas v. O'Donnell
Thomas v. O'Donnell
Opinion of the Court
Opinion by
In this case the plaintiffs obtained a rule to show cause why judgment should not be entered for want of a sufficient affidavit of defense. On the hearing of the rule it was discharged and from the order discharging it this appeal was taken.
The suit is on a claim filed by the plaintiffs for the balance alleged to be due to them on their contract with the defendant
Reference
- Full Case Name
- T. W. Thomas and E. Hopkins, doing business as Thomas Hopkins v. A. P. O'Donnell
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Mechanic's lien — Building contract — Affidavit of defense — Practice, G. P. In an action to recover a balance alleged to be due on a building contract, an affidavit of defense is insufficient which specifies certain departures from the specifications and defects in the work, but fails to state the amount of the resultant damage. Where a building contract provides that the building shall be delivered “free and discharged from all claims, liens and charges whatsoever” an affidavit of defense in a suit against the owner is sufficient which avers that claims hád been filed against the building for services rendered, and materials used in the construction of it, and that these claims had not been satisfied.