Schalcher v. Bergdoll

Citations

• 41 Pa. Super. 547
• 1910 Pa. Super. LEXIS 264

Syllabus

<p>Principal and agent — Liability of agent — Covenants.</p> <p>1. An agent does not become bound personally by the covenants into which he enters on behalf of his principal. When it is sought to compel an agent to perform the covenants of a contract made on behalf of his principal by an action on the contract, it must be shown that he covenanted to be bound individually, or it must be averred and proved that in making the contract he acted without the authority of his principal.</p> <p>Set-off — Contract—Assumpsit—Action ex delicto — Partners.</p> <p>2. The defendant in an action of assumpsit may set off a claim for damages arising out of the breach of an independent contract, but the terms of such contract must be sufficiently averred.</p> <p>3. The defendant in an action of assumpsit cannot set off a claim for damages arising out of an independent transaction for which he would have to bring an action ex delicto.</p> <p>4. Where the plaintiff in an action of assumpsit sues for a debt due him as an individual, the defendant cannot, without the consent of all the parties, set off a claim against a firm of which the plaintiff was a member.</p>