Godkin v. Bailey

*656The opinion of the court was delivered by

Swayze, J.

The plaintiff sued in assumpsit for the price of goods sold and delivered. The defendants1 pleaded the general issue, and gave notice that they would claim an offset for the difference in price paid by them for lumber which the plaintiff had failed to deliver. At the trial the defendants offered to prove -a failure of the plaintiff to deliver lumber under a contract several years before the sale of the goods for which the suit was brought, and that by reason of this failure the defendants were obliged to go into the market, 'where the prices…