We have before us plaintiff’s preliminary objections to defendant’s answer and counterclaim. Plaintiff claims the sum of $2,351.33 for oil well equipment, supplies and services furnished to defendant. Included in the equipment was a wire line or drill cable 2,500 feet in length, which defendant claims was so defective that it broke on three occasions, necessitating expenditure by defendant of certain sums for repairs to the line and loss of time and travel in connection therewith. Defendant filed a counterclaim against plaintiff for $429.59, in which defendant claimed as a deduction the sum of $1,017.88, representing the cost of said wire line, reel, delivery to the well and sales tax, together with the following items:
Locating, transporting to the well and rental of special tools to fish up the broken wire line and the drilling tools attached thereto $216.85
Labor employed in fishing up and recovering the wire line which remained in the well and the drilling tools attached thereto. . 284.24
Defendant’s expense in travel in order to arrange for the recovery of the said wire line and the drilling tools attached thereto. . 161.95
Defendant’s loss of time to attend to the repairs and clearing of the well.......... 1,100.00
Total $1,763.04
Discussion
If defendant merely averred that the drill cable was defective, we think plaintiff’s objection to that averment would be sound. However, defendant avers that the cable broke because of its defective condition. We think this is sufficient. Plaintiff contends defendant must show “in what specific particulars the said wire line was of inferior material and quality and without value for the purpose for which it was sold”. This would require defendant to plead evidence, which is not necessary.
In the second category of the preliminary objections, plaintiff contends defendant’s claim is defective because he failed to allege specifically the time, place and manner in which the drill cable is alleged to have broken and the specific particulars wherein the cable is alleged to be defective. The counterclaim avers that “on or about May 24,1954 the defendant ordered from the plaintiff 2500 feet of wire line ... to be
Plaintiff’s third objection relates to defendant’s averment that he “promptly notified plaintiff of the breaking of said wire line and of its defective condition . . .”. Defendant does not state when he gave notice or in what manner. We believe defendant should set forth the time and manner in which he gave notice to plaintiff.
We think the claim for “defendant’s loss of time to attend to the repairs and clearing of the well, $1100.00” and also the item averring “defendant’s expense in travel in order to arrange for the recovery of the said wire line and the drilling tools attached thereto, $161.95” are in the nature of claims for special damages and are insufficiently averred under Pa. R. C„ P. 1019(f).
And now, November 14, 1956, for. the foregoing reasons plaintiff’s preliminary objections are sustained to the extent indicated herein and defendant is -given leave to file an amended answer and counterclaim within 20 days from this date. .. •.
