Higgins Carpet Co. v. Latimer

Citations

• 165 Pa. 617
• 30 A. 1050
• 1895 Pa. LEXIS 1054

Syllabus

<p>Rules of court—Notice of set-off—Damages for breach of contract—Review —Practice, S. O. and G. P.</p> <p>A rule of court which provides that the defendant who files a specification and statement of set-off shall notify the plaintiff thereof within fifteen days after filing the same, applies to a counterclaim for damages for refusal by plaintiff to deliver goods purchased by defendant from plaintiff at an agreed price.</p> <p>The rule was meant to embrace every species of counterclaim that might be legally or equitably interposed as a defence.</p> <p>Every court is the best judge of its own rules, and the Supreme Court will not reverse for any construction unless it is manifestly erroneous and injurious.</p>