E. J. Roberts & Son v. Powers

This case has been here before and is reported in 115 Vt 185, 55 A2d 124. It is an action in contract, brought in Brattleboro Municipal Court to recover the unpaid balance of a conditional sale note for the purchase price of an automobile and for certain accessories set forth in plaintiff’s specification. It being a collection suit to which no affidavit of defense was filed the validity of the plaintiff’s claim was conceded. The defendant filed an answer and a plea in set-off containing this statement: “The plaintiff is indebted to the defendant in the sum of one hundred dollars for gas and…