Ruggles Lightning Rod Co. v. Ayer

Suit is brought on a promissory note given in part payment, on June 17, 1928, of an account for merchandise sold and delivered in the course of transactions between the parties begun in March or April of the preceding year. Verdict for the plaintiff was directed by the court below and the matter comes to this court on exceptions; first, to the exclusion of testimony as to loss, claimed by way of sét-off, and, second, to the direction of verdict.

Pleading in set-off must be in the manner prescribed by statute, R. S., Chap. 87, Sec. 74, “in substance as certain asina declaration,” and, when…