Watson v. City of Philadelphia

Citations

• 142 Pa. 179
• 21 A. 815
• 1891 Pa. LEXIS 723

Syllabus

<p>[To be reported.]</p> <p>1. Unliquidated damages, arising ex contraotu from any bargain, may be set off under tlie defalcation act of 1705, 1 Sm. L. 49, in an action upon another and distinct contract, whenever they are capable of liquidation by any known legal standard: Hunt v. Gilmore, 59 Pa. 450.</p> <p>(a) Watson contracted to furnish certain material to the city of Philadelphia, the contract stipulating that it should not be assigned or sub-let. He gave to Elder a power of attorney to demand and receive “ all moneys due and owing said Watson on account of said contract,” on the faith of which Elder advanced $5,560 to him:</p> <p>2. The power of attorney did not operate as an assignment of the contract, nor as an equitable assignment of the money payable; wherefore, in an action thereon by Watson to the use of Elder, the city could set off damages arising after the date of the power, from the breach by Watson of another contract: Clement v. Philadelphia, 137 Pa. 328.</p>