Pfrommer v. Taylor

Citations

• 27 Del. 76
• 4 Boyce 76
• 85 A. 760
• 1913 Del. LEXIS 13

Syllabus

<p>1. Pleading—Set-Off—Sufficiency.</p> <p>In an action under Wilmington City Charter (Laws 1883, c. 207) § 131, for compensation for the use of a party wall, a plea of set-off, alleging that plaintiff owed defendant certain sums for rents due upon a demise, for use and occupation, for work and labor done, for goods sold and delivered, for money lent and advanced, for money had and received, and for sundry other matters, properly subjects of an action in indebtitatus assumpsit, and pleaded in such language as defendant would have used, were he declaring thereon by the common counts in an action brought by him, was demurrable,_ in that it embodied plural defenses in one plea and lacked particularity in their » statement.</p> <p>2. Pleading—Set-Off—Rule of Court.</p> <p>Superior Court Rule 8,§ 4, providing that a plea of set-off shall, if required, be drawn out and shall state matters of set-off with reasonable certainty, means that a set-off may be pleaded by a memorandum plea, which, when required, shall be drawn out and state the matters of set-off severally and with all the certainty of a bill of particulars.</p> <p>3. Party Walls—Compensation for Use—Pleas.</p> <p>In an action for compensation for the use of party walls, brought under Wilmington City Charter (Laws 1883, c. 207) § 131, providing for such compensation, pleas by which defendant invoked an interpretation of such statute, based on usage and understanding of it, were not demurrable, though such method of interpretation could not be applied until the facts relied upon were disclosed at the trial; they being sufficient to apprise plaintiff of the defense relied upon.</p>