Affidavit of defense — Insufficiency — Assumpsit for goods sold and delivered.
In an action of assumpsit for goods sold and delivered, an affidavit of defense which does not deny the receipt of the goods, and contains merely the assertion that the defendant did not order them, will be deemed evasive of, rather than responsive to, the demand, and is not sufficient to prevent judgment.
Argued March 4, 1924.
PER CURIAM, May 5, 1924:
This is an appeal from judgment for want of sufficient affidavit of defense; it is affirmed on the opinion of Judge NEWCOMB.