Felleman v. Cassler
Supreme Court of Pennsylvania
Felleman v. Cassler, 198 Pa. 407 (Pa. 1901)
48 A. 275; 1901 Pa. LEXIS 803
Brown, Fell, McCollum, Mestrezat, Mitchell, Pee, Potter
Felleman v. Cassler
Opinion of the Court
In this case judgment was entered for plaintiff for want of a sufficient affidavit of defense. The affidavit filed by the defendants was clearly insufficient to prevent judgment. The alleged fraudulent representation of the defendants was not properly specified in the affidavit in any material particular and no supplemental affidavit was filed. No error was committed in entering judgment against the defendants.
Judgment affirmed.
Reference
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- Practice, 0. P.—Affidavit of defense—Insufficient averments as to fraud. An affidavit of defense in a suit upon notes given in payment for a saloon is insufficient which merely avers that fraudulent representations were made by plaintiff to the defendants in order to effect the sale, without any statement as to what these representations were, except that it was represented that the receipts from the saloon were $130 to $160 per week, and calculated upon experienced tables would prove that the profit would be thirty-three and one third per cent of x-eceipts, but that it appeared that the actual receipts of the business wex-e only $60.00 or $70.00 per week, and the profit upon that sum would scarcely pay the rent.