Boys' Novelty Suit Co. v. Garfield

Citations

• 76 Pa. Super. 365
• 1921 Pa. Super. LEXIS 153

Syllabus

<p>Assumpsit — Contract for materials and labor — Lien—Practice, C. P. — Affidavit of defense — Sufficiency—Counterclaim.</p> <p>Where a plaintiff sues in assumpsit, to recover the value of materials which were furnished the defendant to have certain work done thereon, without asking- damages for the breach of the contract, dgfendant cannot set up as a defense that he sold the goods to compensate himself on account of another indebtedness of the plaintiff to him. While the defendant had a lien for the value of his labor on the goods, a sale of them was a breach of fidelity toward his bailor.</p> <p>A counterclaim for work previously supplied to the plaintiff on an open book account, showing item by item how the amount is ascertained is a good defense, to the extent of the amount shown to be due, against a claim in assumpsit for the value of goods delivered to the defendant to have work done upon them.</p>