Woodland Oil Co. v. A. M. Byers & Co.

Citations

• 223 Pa. 241
• 72 A. 518
• 1909 Pa. LEXIS 515

Syllabus

<p>Statute of limitations — Contract — Sale — Consequential damages — Breach of warranty.</p> <p>1. If an action rests on a breach of contract, it accrues as soon as the contract is broken, although no injury results from the breach until afterwards.</p> <p>2. Where unsound personal property is sold with a warranty of soundness, the warranty is broken as soon as made, and the statute begins to run from the date of the sale, and not from the time when the buyer sustains consequential damages.</p> <p>Statute of limitations — Set-off practice — Pleading.</p> <p>3. Where the statute of limitations may be successfully set up against a claim sought to be enforced in an action of assumpsit, it may also be set up against the same claim when it is sought to be used as a set-off; nor does it matter that the statute is not pleaded by the plaintiff in reply to the defendant's plea of set-off.</p> <p>4. If the defendant goes to trial without demanding a replication to his plea of set-off, the defense to the set-off is unrestricted, and the plaintiff may avail himself of the statute of limitations or any other defense.</p>