Brenner v. Niver Parsons Corp.

Plaintiff sued defendant for $88.97, commissions claimed to be due on sales of real estate. Defendant pleaded the general issue, with notice of set-off and recoupment. Plaintiff had judgment. Review is by case-made.

If defendant’s asserted counterclaim against plaintiff is good in point of law, defendant should have judgment against plaintiff for $76.70. The facts are not in dispute. Defendant’s counterclaim was for money paid to plaintiff under the following circumstances: Plaintiff claimed and was paid a commission of $165.67 for making a sale of real estate for defendant. Later it developed…