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Charles W. Potts, trading as W. F. Potts, Son & Co., vs. David H. Wells

Delaware Superior Court1900-06-04No. Action of Assumpsit on a book account No. 183
3 Penne. 1119 Del. 11

Authorities cited

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Opinion

majority 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.