Foster Mfg. Co., Inc. v. Gerth

This is a suit on an open account in the sum of $216. Defendant admits the correctness of the account sued on, but sets up the following claim by way of compensation or set-off: He alleges that in February, 1930, the plaintiff corporation installed a sail for him on his schooner Starland, and at that time he informed plaintiff that the sail was intended to be used in a race with other boats from St. Petersburg, Fla., to Havana, Cuba, in March, 1930; that the Starland started in the race and was considerably in the lead of the other boats when its sail was torn apart by the wind, which was not…