Gable & Hughes v. Parry & Randolph
Supreme Court of Pennsylvania
"Writ of error to the District Court at Philadelphia. Gable & Hughes, plaintiffs in error, (who were also plaintiffs below) vs. Parry & Randolph, owners, and Ewing, contractor, defendants in error, and defendants below. This was a scire facias sur.
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"Writ of error to the District Court at Philadelphia. Gable & Hughes, plaintiffs in error, (who were also plaintiffs below) vs. Parry & Randolph, owners, and Ewing, contractor, defendants in error, and defendants below. This was a scire facias sur. Mechanics’ claim issued from the District Court for the city and county of Philadelphia, to recover $221, the amount of a claim for plumbers’ work done by plaintiffs to a dwelling house owned by Parry & Randolph, and erected by Ewing as contractor. Several pleas were filed; but the only material ones to this question, are: 1. That plaintiffs never…
1Per curiam
There can be no set off against against set off, else the parties might desert the record; and the words of the statute are too restrictive to allow it. The point however, has been decided; and the plaintiff rests on his objection to the defendants’ set off. The suit is a scire facias on a mechanics’ lien, for work done to a house, owned by Parry & Randolph, but built by Ewing as contractor. The set off was the price of leaden pipe, sold by the contractor to the plaintiff, who used a part of it, in the building. Now if the contractor is willing to pay, with his separate means, a debt for…
2Cited by1 opinion
- Creasy & Wells v. Emanuel Reformed ChurchSuperior Court of Pennsylvania · 1896