Walsh v. Lispenard Realty Co.

In each action, brought upon an assigned claim, based upon substantial performance of a contract for work and materials in the course of the erection of a building, a separate defense and counterclaim, so described, is interposed. I may assume that it was the defendant’s intention to plead the fact that the plaintiff’s assignor abandoned the contract in suit, thereby subjecting it to a loss measured by the expense of completion; but the new matter is so informally alleged as to render the statement insufficient in law.

Without any expressed reaverment of other parts of the answer, and with no…