Guernsey v. Moon

Citations

• 46 Pa. Super. 645
• 1911 Pa. Super. LEXIS 328

Syllabus

<p>Bailment — Lease of chattel — Defense—Set-off.</p> <p>In an action of replevin to recover a chattel leased under a written bailment, where it appears that the defendant wrote on the agreement that he had received a copy thereof, and had no understanding verbal or otherwise differing from it, and it also appears that he failed to pay the rental provided by the contract, the defendant cannot set up as a defense an oral agreement in the nature of a set-off by which the manner of the payment of the rent as it matured was materially changed. A set-off is not admissible in an action of replevin.</p>