18 Pa. Super. 488 | Pa. Super. Ct. | 1901
Opinion by
This action was brought upon a check, payable to the order of plaintiff, made by the defendant and the payment of which she had stopped. The affidavit of defense distinctly averred that a part of the consideration for which this check was given had been a certain contract between the defendant and the plaintiff company under the terms of which the plaintiff company undertook to transport her from Cherbourg to New York by the steamship Kaiser Wilhelm der Grosse, which was to sail from the former port on October 17, 1900, and that upon the voyage she was to occupy a certain stateroom numbered 342. That upon the day agreed upon she went on board a tug provided by the plaintiff company, at Cherbourg, and was carried to the steamship, which was awaiting the arrival of the tug several miles off shore; that as soon as defendant was put on board the steamer the tug left and the steamer sailed for New York; that after the voyage had been commenced she was for the first time informed by the representative of the plaintiff
It is well settled that a defendant in any action founded upon contract may set off unliquidated damages arising ex contractu from any bargain whenever they are capable of liquidation by any known legal standard: Hunt v. Gilmore, 59 Pa. 450; McBride v. Daniels, 92 Pa. 332; Haines v. Young, 13 Pa. Superior Ct. 303. It is contended upon behalf of the plaintiff, however, that the measure of damages for the breach of contract alleged in the affidavit of defense was the difference between the market price or value of. the stateroom which the
The judgment is affirmed, and the appeal is dismissed without prejudice, etc.