Marden-Wild Corp. v. Damon

This is an action to recover an alleged balance of account. The defendant’s answer is a general denial, payment, accord and satisfaction and recoupment. The defendant contends that he has a counter claim against the plaintiff arising out of a breach of warranty of a previous contract with it. Besides the answer in recoupment, the defendant brought an action of contract against the plaintiff to recover upon the alleged breach of contract. Both actions were tried together. The court found for the plaintiff in the present action and for the defendant in the cross action.

There was evidence that…