Potts v. Wells

50 A. 62, 19 Del. 11, 3 Penne. 11, 1900 Del. LEXIS 40
Superior Court of Delaware·Decided June 4, 1900·No. Action of Assumpsit on a book account No. 183·Published·Cited by 1 cases

Opinion

Grubb, J.:

The statute says expressly that the defendant in his affidavit must state that there is a legal defense to the whole or a part of the cause of action setting forth the nature- of that ■defense. This affidavit does not admit any part to be due, but simply says there is a defense to the cause of action. We must" therefore order judgment notwithstanding the affidavit of defense.

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Potts v. Wells, 50 A. 62, 19 Del. 11, 3 Penne. 11, 1900 Del. LEXIS 40 (Del. Ct. App. 1900).

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