Southern Exchange Bank v. Langston

1. “Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not -complied with the cross-obligations or independent covenants arising-under the same contract.” It-“may be pleaded in all actions ex contractu, where from any reason the plaintiff .under the same contract is in good conscience liable to defendant;” and where recoupment may be pleaded, “if the damages of the defendant shall exceed, in amount, those of the plaintiff, the defendant shall in such cases recover of the plaintiff the amount of such…