
    Thomas Birney, Plff. in Err., v. W. S. Barker.
    Affidavit of defense held insufficient.
    (Decided January 4, 1886.)
    Error to the Court of Common Pleas, No. 1, of Allegheny County.
    Affirmed.
    
      Isaac 8. Van Voorhis and Thomas Patterson for plaintiff in error.
    
      A. II. Clarice and G. C. Taylor for defendant in error.
    Note. — An affidavit of defense which claims as a set-off damages from failure to fulfil a contract must show wha.t the default consisted of, and the damages suffered. Conrade v. O’Brien, 1 Pa. Super. Ct. 104, 37 W. N. C. 493; Consumer’s Gas Co. v. American Electric Constr. Co. 30 W. N. C. ■222, 50 Fed. 778; Loucliheim v. Becker, 3 W. N. C. 449; Jackson v. "Farrell, 6 Pa. Super. Ct. 31. But if it be alleged that the damages exceed the plaintiff’s claim, the affidavit is sufficient, though not liquidated. Crompton v. Restein Bros. 2 W. N. C. 154; Lane v. Penn Glass Sand Co. 172 Pa. 252, 33 Atl. 570; Davis Coal & Coke Co. v. Price, 175 Pa. 155, 34 Atl. 444; '.Malone v. Philadelphia, 132 Pa. 209, 19 Atl. 54; Martinez v. Eamshaw, 143 Pa. 479, 22 Atl. 668. ■ -
   Per Curiam:

The court committed no error in holding this affidavit of defense insufficient to prevent judgment being taken. It contains no averment that a sum equal to the amount of this note was not clue to the contractors. It substantially avers the work done to be worth $6,500 and does not allege that any payment has been made on account thereof, except this note of $1,000.

Judgment affirmed.  