Forbes & Bro. v. Cooper & Co.
Court of Appeals of Kentucky
Case 47 — PETITION OEDINABY — APPEAL FROM -WARREN CIRCUIT COURT. 1. Whatever may have been the law anterior to the adoption of the present Code, now in all actions upon contract any cause of action in favor of a defendant, itself founded upon contract, may be pleaded as a set-off, and this whether the damages are liquidated or not.
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Case 47 — PETITION OEDINABY — APPEAL FROM -WARREN CIRCUIT COURT. 1. Whatever may have been the law anterior to the adoption of the present Code, now in all actions upon contract any cause of action in favor of a defendant, itself founded upon contract, may be pleaded as a set-off, and this whether the damages are liquidated or not. (Civil Code, sec. —; Stevens v. Able, 15 Kan.; Beed v. Jeffries, 16-Kas.; Pomeroy on Bemedies, secs. 796, 798; Eversole v. Moore, 3 Bush; Bliss on Code Pleading, sec. 383.) 2. But even if this is not the general rule, it certainly applies where there-is an equity…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This is an action of assumpsit, brought by the appellees, Cooper & Co., against the appellants, Forbes & Bro., for the price of merchandise. The correctness of the claim is admitted by a non-denial, but the appellants sought to defeat a recovery by the. assertion of a larger claim, unliquidated in character, and for damages arising from the non-performance by the appel*287lees of a building contract made by them with the appellants. The lower court gave judgment for the appellees, having sustained a demurrer to the answer. Its averments must,…
2Cases cited3 opinions
- Williams v. GilchristCourt of Appeals of Kentucky · 1813
- Shropshire v. ConradCourt of Appeals of Kentucky · 1859
- Taylor v. Stowell, Chamberlain, & Co.Court of Appeals of Kentucky · 1862
3Cited by23 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Porter v. RosemanIndiana Supreme Court · 1905
- Simons v. Douglas' Extr.Court of Appeals of Kentucky · 1920
- Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
- Caldwell v. StevensSupreme Court of Oklahoma · 1917
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