Sheet Metal & Supply Co. v. Weger

Citations

• 72 Pa. Super. 196
• 1919 Pa. Super. LEXIS 280

Syllabus

<p>Contracts — Breach of contract — Failure to deliver — Set-off— Proof of damages.</p> <p>In an action for materials sold and delivered under a contract, which provided for the delivery of certain materials at market prices, the defendant cannot allege as a set-off that he was compelled to purchase the materials in the open market, upon the plaintiff’s failure to deliver, where he fails to show any damages resulting from such conduct. The mere fact that he purchased the materials elsewhere is no proof of loss as, under the terms of the contract, the market prices determined the prices of the materials delivered and, in the absence of any other evidence of damages, there was nothing to substantiate the claim to a set-off.</p> <p>A vendor is not bound to deliver, under the terms of a contract, where the vendee has failed to make payments, when due, in accordance with the terms and conditions of the agreement.</p>