23 Pa. Super. 548 | Pa. Super. Ct. | 1903
Opinion by
One of the rules most inflexibly held, respecting affidavits of defense, is that every matter of defense presented must be set forth specifically, and with such detail as to show, clearly and definitely, its relation to the plaintiff’s claim. Nothing must be left to inference, and what is not stated must be regarded as not existing. Its averments must form a complete answer to the plaintiff’s demand.
In the present case, the affidavit alleges a written contract between the parties, not declared on, and of which the plaintiff
As to the plaintiff’s claim for driving logs, however, the affidavit presents an adequate answer respecting the compensation. The declaration for this service avers: “ That the defendant further contracted with the plaintiff that he should drive certain logs owned by the defendant, and known as the Lucas logs, .... to the mouth of the creek, .... that in pursuance of said arrangement, plaintiff did drive the said Lucas logs to the mouth of the creek as agreed, and the price or value of the services rendered in the performance of the said work is the sum or amount of one hundred and twelve ($112) dollars, as set forth in said statement.” This is all that is contained in the declaration touching this item. The declaration does not aver that the amount claimed for this service was fixed by agreement of the parties, nor is the demand clearly stated as a quantum meruit. It is set forth merely as the “ price or value of the services rendered.” This item in the statement attached to the declaration and upon which it
Judgment affirmed, with permission to the plaintiff to move in the court below for judgment for so much of his claim as to which the affidavit is deemed herein to be insufficient.