Claringbold v. Newark Garage & Electric Co.

Citations

• 29 Del. 129
• 6 Boyce 129
• 97 A. 386
• 1915 Del. LEXIS 71

Syllabus

<p>1. Work and Labor—Materials</p> <p>Where a person is employed to furnish work, labor and materials for another, the person so employed is entitled to recover the stipulated price, or, if there is no agreement as to price, then such sum as they are reasonably worth.</p> <p>2. Set-Off and Counterclaim—Recoupment.</p> <p>If a person performing work and labor for another damages the other’s property, the latter may recoup his damages when sued for the work, if the claim for recoupment is a cause of action maintainable in a separate suit, but cannot recover for any balance or excess.</p> <p>3. Evidence—Recoupment—Burden of Proof.</p> <p>A defendant setting up a claim for recoupment assumes the burden of proof ill respect to it.</p> <p>4. Bailment—Care of Property.</p> <p>A person engaged in a given business or occupation impliedly holds himself out to possess ordinary skill therein; and, if injury occurs to property intrusted to him, while in his exclusive possession, it is his duty to repair and make good such damage.</p>