F. A. Rauch & Co. v. Graham Manufacturing Corp.

This was an action to recover on notes given for the' deferred payments on certain felting machinery sold by the plaintiffs to the defendant. The defendant filed a special plea of recoupment under section 6145 of the Code, alleging fraud in the procurement of th.8 contract and filed a list of set-offs. On the former hearing we decided that there was no fraud in the procurement of the contract, and entered the following order:

“'The judgment of the trial court will be reversed, the verdict of the jury set aside, and the case remanded to the circuit court with directions to consider the…