Groetzinger v. Latimer

Citations

• 146 Pa. 628
• 23 A. 393
• 1892 Pa. LEXIS 1270

Syllabus

<p>1. It is well settled that matters sounding in tort and arising out of a different transaction, cannot be given in evidence as a set-off, by a defendant sued in an action ex contractu. Broad and. liberal as the decisions have been, they have never authorized the admission of proof of damages arising from a technical tort.</p> <p>2. In an action by a landlord to recover rent due upon a lease, the defendant cannot set off against the plaintiff’s demand, a claim for damages on account of a wrongful seizure of the defendant’s goods, under an illegal landlord’s warrant issued by the plaintiff, such claim being the proper subject of an action ex delicto.</p>