Miller v. Parks

Citations

• 47 Pa. Super. 333
• 1911 Pa. Super. LEXIS 159

Syllabus

<p>Judgment — J'udgment notes — Payment—Statute of limitations — Urn-liquidated damages — Payment—Evidence.</p> <p>On an issue to determine what was due upon judgments which had been opened to let in the defendant to a defense, it is error to refuse to permit the defendant to show that at the time the notes were given which was more than six years before the trial, plaintiff had agreed to allow as a credit on the notes, if the defendant would sign them, what the plaintiff owed the defendant for coal and for pasturing plaintiff’s cattle, and that the aggregate of such amounts was sufficient to pay the notes. In such a case the plaintiff cannot aver that defendant’s claims were unliquidated inasmuch as the amounts of the set-offs could be made certain; nor can the plaintiff set up the statute of limitations inasmuch as the notes were paid as soon as they were executed, if defendant made good his offers.</p>