Kuebler v. Haines

Citations

• 229 Pa. 274
• 78 A. 141
• 1910 Pa. LEXIS 581

Syllabus

<p>Receivers — Suits by — Defenses—Set-off.</p> <p>1. In an action by a receiver of a corporation to recover the price of goods delivered, before the receiver was appointed, in part performance of a contract of sale made by the corporation with the defendant, the defendant may set up a counterclaim for damages alleged to have been sustained by reason of the failure of the corporation to furnish him the balance of the goods contracted for.</p> <p>2. In such a case no certificate can be returned in favor of the defendant as the basis of a'judgment against the receiver; but if he can succeed in proving damages equal to the amount of the claim for which he is sued, he will be entitled to a general verdict in his favor, and if the jury shall find that his damages exceed the claim made against him, the judgment on the verdict will still be only for the- defendant, leaving him his right to present as a claim against the corporation, on the distribution of the proceeds of its assets, the sum found to be due him from it.</p> <p>3. In an action by a receiver of a corporation for goods sold and delivered by the corporation before the receiver was appointed, the defendant may offer proof of damages he had sustained by failure of the corporation to deliver other goods to him, although he has made no demand for the delivery of such goods before the receiver was appointed, if it appears that before the appointment of the receiver, he wrote to the corporation inquiring about the time of delivery, and had received a letter stating when the goods would be delivered.' Under such circumstances the defendant had a right to rely on the letter, and he was under no duty to make any formal demand for delivery.</p>