Parker v. Shoemaker

Citations

• 46 Pa. Super. 99
• 1911 Pa. Super. LEXIS 236

Syllabus

<p>Contract — SeUoff—Storage warehouse — Tort—Breach of contract.</p> <p>1. In an action by the owner of a storage warehouse to recover for hauling, cleaning and storage of personal property, where the plaintiff claims that he delivered the goods to an address stated, an affidavit of defense is not vague and indefinite which avers that the goods were not delivered at the address stated “nor to any other place.”</p> <p>2. In such a case an affidavit of defense is sufficient which avers that the value of the property which the plaintiff failed to return was greater than the amount which he claimed. The claim set up by the affidavit is not a claim of set-off, but is a claim for a breach of the contract to redeliver the goods, and this is sufficient to prevent recovery, since the amount is greater than the claim of the plaintiff.</p>