Nickols v. Jones

Supreme Court of Pennsylvania March 11, 1895

Nickols v. Jones, 166 Pa. 599 (Pa. 1895)

31 A. 329; 1895 Pa. LEXIS 1254

Dean, Fell, McCollum, Mitchell, Sterrett

Opinion of the Court

Per, Curiam,

This case depended mainly on questions of fact as to which the testimony was more or less conflicting. It was therefore submitted to the jury, who, by their verdict for defendant, impliedly found all the material issues of fact in his favor. One of them was as to the credit of fll.60 claimed by defendant; another was his alleged tender of the entire balance of rent due plaintiff, etc. An examination of the record with reference to each of the six specifications has failed to convince us that there is any substantial error in either of the rulings recited therein.

Judgment affirmed.

Reference

Full Case Name: Wilson Nickols v. William Jones
Cited By: 5 cases
Status: Published
Syllabus: Bent—Set-off—Tender. In an action to recover a balance of rent, defendant testified that he tendered to plaintiff the amount of rent due, less a certain sum which he claimed as a set-off for work done for plaintiff. Defendant stated that at the time he made the tender he claimed the set-off. Plaintiff agreed to take the money and give a receipt on account. This was refused by defendant. Belcl, that the tender was sufficient,. and that defendant was not liable to pay interest on the amount of rent which he admitted to bo due. A tenant who has done work for his landlord may set off the value of the work against the rent, even if there is no special agreement that the value of the work should be deducted from the rent.