Wanamaker v. Quinn

Citations

• 27 Pa. Super. 288
• 1905 Pa. Super. LEXIS 53

Syllabus

<p>Set-off — Defalcation—Unliquidated damages.</p> <p>Unliquidated damages arising ex contractu from any bargain may be set off under the defalcation act of 1705, 1 Sm. Laws, 49, whenever they are capable of liquidation by any known legal standard.</p> <p>Where a person agrees to rent a seaside cottage from a date mentioned and deliver it on that date in a furnished condition, and subsequently makes a contract with a furniture dealer for the furnishing of the cottage by the date mentioned, and the furniture dealer with knowledge of the other agreement fails to deliver the furniture on the date specified, and the purchaser in consequence loses his tenant, he may set off the amount of the rent against the price of the furniture.</p>