Wills v. Little

Citations

• 8 Pa. Super. 100
• 1898 Pa. Super. LEXIS 18

Syllabus

<p>Set-off — Necessity to claim in suits before a justice — Act of 1810.</p> <p>In a suit before a justice an agreement was had that certain hauling and freight bills, etc., due to defendant, paid for by him for the plaintiff, but not produced at trial, would be allowed as a credit on the judgment if produced before the justice. The defendant produced them to the justice within twenty days but he failed to allow credit, and execution was issued and paid by defendant who subsequently brought suit on these same bills. Held, That he was barred and estopped under the provisions of the 7th section of the Act of March 20, 1810, P. L. 63. An agreement for credit on an existing obligation cannot be construed as a waiver of an imperative statute having no necessary relation to the subject.-</p>