39 Pa. Super. 482 | Pa. Super. Ct. | 1909
Opinion by
The plaintiff brought suit in assumpsit to recover for goods sold and delivered to the defendant of the value of $55.66. The defendant admits having purchased the goods mentioned in the plaintiff's statement, but offers in defense a set-off in the sum of $60:00 under the following conditions. Prior to the appointment of this receiver, the defendant entered into a contract with the W. H. Hamilton Company whereby it was to furnish certain bottles, as might be required by the defendant;- In order
The purpose of our defalcation act certainly is to avoid circuity of action. It should be construed so as to give effect to that purpose. Its provisions are therefore to apply not merely when the defendant in the pleadings admits the contract upon which he is sued, but also whenever it appears that the plaintiff’s cause of action must be admitted: Hunt v. Gilmore, 59 Pa. 450; Snyder v. Rainey, 198 Pa. 356. Damages arising ex contractu from any bargain may be set off under the defalcation Act of 1705, 1 Sm. L. 57, whenever they are capable of liquidation by any known legal standard: Halfpenny v. Bell, 82 Pa. 128; Lierz v. Morris, 19 Pa. Superior Ct. 73; North German Lloyd Steamship Co. v. Wood, 18 Pa. Superior Ct. 488; Wanamaker v. Quinn, 27 Pa. Superior Ct. 288.
The judgment is affirmed.