Halfpenny v. Bell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of May Term 1876, No! 3. Debt by B. E. Bell, to use, &c., against John Halfpenny, on a single bill, dated October 22d 1873, payable one day after date. The defendant pleaded “Never indebted,” and “Payment, with leave,” &c.
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Error to the Court of Common Pleas of Blair county: Of May Term 1876, No! 3. Debt by B. E. Bell, to use, &c., against John Halfpenny, on a single bill, dated October 22d 1873, payable one day after date. The defendant pleaded “Never indebted,” and “Payment, with leave,” &c. At the trial, after the bill had been placed in evidence by the plaintiff, the defendant offered the following agreement, to be followed by evidence that a large amount of damages had been done by plaintiff to defendant’s land, by reasbn of floating logs down the stream, mentioned in the agreement, for the purpose of…
1Opinion of the CourtJustice Paxson
*130It was held in Hunt v. Gilmore, 9 P. F. Smith 450, that unliquidated damages arising ex contractu from any bargain, may be set off under the Defalcation Act of 1705, 1 Sm. Laws 49, whenever they are capable of liquidation by any known legal standard. Tested by this rule, the offer of evidence embraced in the plaintiff’s assignment of error ought to have been received. That the damages were unliquidated, and that the offer was to prove a set-off arising out of a distinct and separate cause of action, is not material. There was no difficulty under the well-settled rules of law in liquidating…
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