Pfrommer v. Taylor
Superior Court of Delaware
Appeal (No. 80, September Term, 1912) from judgment of Justice of the Peace in an action instituted before the Justice, under the provisions of the Charter of the City of Wilmington, Section 131, relative to compensation for use of party walls. Special demurrer to all the pleas to pro-narr., it being urged that the pleas are insufficient to apprise the plaintiff of the defense relied upon. Demurrer sustained as to first plea, and overruled as to remaining seven pleas.
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
The pro-narr. in this case contains but one count, which is the common count for money had and received. To this count the defendant replied by eight pleas, to each of which the plaintiff demurred specially.
[1] The first plea purports to be a plea of set-off in which the defendant maintains that, as against the debt he owes the plaintiff, the plaintiff is indebted to him in a certain sum for rents due upon a demise, for use and occupation, for work and labor done!, for goods sold and delivered, for money lent and advanced, for money had and…
2Cited by1 opinion
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