E. Keeler Co. v. Sanitary Family Washing Co.

Woodside, J.,

This comes before us on motion to strike off a counterclaim and set-off.

Plaintiff sued in assumpsit for a certain sum alleged to be due for installing pipe equipment in defendant’s laundry. Defendant filed an affidavit of defense denying some of the allegations of the statement of claim, and pleading a set-off and counterclaim based on the breach of an implied warranty in another transaction between the same parties.

Plaintiff raises the following questions by his motion:

1. May a contract claim growing out of a separate transaction from that sued upon be used as a counterclaim?

2.…