Babbitt v. Jackson

Per Curiam,

Plaintiff sued to recover the price of a carload of chloride of lime sold and delivered, under a contract in writing which provided for a test.of 35-37% available chlorine, f. o. b. Echota or Niagara Falls, New York. The affidavit of defense does not deny liability for the amount of plaintiff’s claim but avers a set-off to an amount exactly equal to that sued for and is based on alleged breach of . warranty in a shipment of that material previously made and paid for by defendant. A verdict was rendered for the full amount of plaintiff’s claim. Subsequently a rule for a new trial…