Guaranty Motors Co. v. Hudford Philadelphia Sales Co.

Citations

• 264 Pa. 557
• 108 A. 30
• 1919 Pa. LEXIS 697

Syllabus

<p>Pleading — Counterclaim—Sufficiency—Damages—Breach of contract to furnish goods for resale — Time for delivery — Sales—Anticipated profits.</p> <p>1. A counterclaim should he set forth with as much precision and exactness as is required in the statement of a cause of action upon which proceedings are instituted.</p> <p>2. A counterclaim for damages resulting from the breach of oral agreements to’ furnish certain automobile units, is not sufficiently pleaded, where there is no averment specifying the time within which they were to be furnished, nor an averment that the plaintiff knew that they were for immediate use, nor that any sales of the units had been made, nor any contracts in existence relating to them, nor anything averred which would require the plaintiff to furnish them before the alleged default, it appearing that the contracts to furnish the units did not expire until eight months after that time. A statement that the defendant would have been able to sell the units, is merely an expression of hope and expectation.</p> <p>3. A counterclaim for damages for breach of a contract to furnish goods for resale is not sufficiently pleaded, where it sets forth no facts from which loss of anticipated profits could be reasonably ascertained, even if they could be recovered.</p> <p>Pleading — Counterclaim—Unpaid salary — Wrongful discharge— Tender of performance after discharge.</p> <p>4. A counterclaim for salary after discharge from employment, which merely .avers employment, discharge, and balance due is insufficiently pleaded for failure to aver wrongful discharge, tender of performance after discharge, and in what manner the salary was to be paid, whether monthly, quarterly or annually.</p> <p>Pleading — Contract to organize corporation — Writing — Oral transfer of stocJc — Time—Consideration—Services—Time of rendering — Notice to perform agreement.</p> <p>5. A counterclaim for damages for failure of plaintiff to comply with an agreement to transfer all busi