Lierz v. Morris

Citations

• 19 Pa. Super. 73
• 1902 Pa. Super. LEXIS 35

Syllabus

<p>Practice, O. P. — Affidavit of defense — Fraudulent representation — Set-off —Unliquidated damages.</p> <p>Unliquidated damages arising from a breach of contract can always be set off' when they are capable of liquidation by the application of any known measure or standard.</p> <p>Where the owner of a toboggan slide in a park has agreed to pay royalties to the lessee of the park during the continuance of the latter’s lease, or an extension thereof, and the lessee secures an extension of his lease, and thereafter assigns it to another, who falsely represents to the owner of the toboggan slide that the lease had not been renewed, and requires him to remove from the premises, the latter may in an action against him to recover royalties which had accrued before his removal, set off against the plaintiff’s claim the value of the remainder of his term, which he had lost by reason of the false representations of the plaintiff.</p>