53 Pa. Super. 258 | Pa. Super. Ct. | 1913
Opinion by
There is no dispute between the parties in regard to the facts in this case. Christian B. Esbenshade was the landlord of Alexander Ehrhart, and as tenant Ehrhart was in arrears for rent. The landlord issued his warrant and delivered it to the sheriff, and that official in executing the landlord’s warrant made a mistake. The seizure was regular, the statutory requirements were literally complied with, save that a Sunday happened within the statutory
Esbenshade then brought suit in assumpsit against Ehrhart on a note for rent due and owing by Ehrhart, being the same rent of the same premises for which distraint had been made under the landlord’s warrant. On the trial of this case Esbenshade recovered against Ehrhart a verdict for $1,070.
Ehrhart then issued an execution on his judgment against Esbenshade, when the defendant in that writ presented his petition to the court of common pleas reciting all the facts and prayed that as “equity and good conscience require that the judgment of Esbenshade against Ehrhart should be allowed as a set-off to the judgment recovered by Ehrhart against Esbenshade,” he asked for a rule to show cause, etc. An answer was filed and after a full hearing the court made the rule absolute, from which decree Ehrhart brings this appeal.
The power to set off one judgment against another is purely equitable and should be exercised upon equitable principles, and only when the court is satisfied that substantial justice is being done on application of this kind is addressed to the sound discretion of the court. Judg
The action of trespass and that of assumpsit between these parties were tried before the same judge, who was familiar with all the facts and circumstances, and in allowing the set-off he held, “It would be unjust to require
The decree is affirmed.