Jenkins v. Rush Brook Coal Co.

Citations

• 205 Pa. 166
• 54 A. 715
• 1903 Pa. LEXIS 539

Syllabus

<p>Set-off — Contract—Tort.</p> <p>In an action of assumpsit on substantially a contract for services, the defendant cannot set off the money value of real estate and stocks, belonging to defendant, but which plaintiff while in defendant’s service had fraudulently taken title to in his own name, and which at the time of the suit were in his possession, without having been converted into money.</p> <p>A set-off claimed by a defendant for which assumpsit will not lie by him against plaintiff, is,not a proper subject- of set-off in his favor when plaintiff sues him in assumpsit.</p>