F. M. Sibley Lumber Co. v. Schultz

This is an action in assumpsit for lumber material sold by plaintiff to defendant. Plaintiff claimed a balance due in the sum of $16,-089.37 and interest. Defendant denied liability and claimed set-off and recoupment for the sum of $24,194.32 plus interest at five per cent, from September 1, 1937. On May 26, 1939, the jury returned a verdict for plaintiff in the sum of $14,589 and a verdict of no cause for action on defendant’s claim for set-off and recoupment. Judgment was entered in favor of plaintiff for the amount of the verdict.

Many facts in this case are disputed, but the following…