Fett v. Greenstein

This is an appeal from an order denying a motion of the defendants to strike out a paragraph of the plaintiffs reply. The complaint sets forth a breach of contract of employment. The answer among other things sets up a counterclaim of $350 for money advanced. The plaintiff replies that in pursuance of the agreement set forth in the complaint, he rendered services to the defendants of the value of $225, and asks that such sum may be set off against any sum that may be found due the defendants on their counterclaim. The defendants moved to strike out this set-off, and from the order denying the…