Ford Chain Block & Manufacturing Co. v. Hess's Estate

Citations

• 55 Pa. Super. 587
• 1914 Pa. Super. LEXIS 18

Syllabus

<p>Landlord and tenant — Replevin—Distress—Set-off—Unliquidated damages — Parol agreement.</p> <p>1. In an action of replevin a tenant cannot set off unliquidated damages against a distraint for rent in arrear, where the damages result from the breach of an agreement in parol, and not in the lease, on the part of the landlord to repair the roof of the demised premises.</p> <p>2. Where the defendant in an action of replevin to recover goods taken on distress for rent is named as “Estate of David M. Hess,” and the plaintiff claims to set off against the rent in arrear damages resulting from a breach of a parol agreement made by the “Estate of David M. Hess” the claim cannot be sustained because of the lack of certainty of the person who made the alleged parol agreement.</p>