McKinnon v. McEwan

The plaintiff below, McKinnon, commenced an action of assumpsit, declaring upon the common counts. The defendant pleaded the general issue and gave notice of recoupment. The plaintiff’s claim was for a balance due under a written contract to furnish the materials and make for defendant two boilers, have the same “ completed and all connected in the mill of the said first party on or before the fifteenth day of March, 1880.” The'defendant, in his notice of recoupment, set forth that the boilers were to be used in his steam-mill and salt block for the purpose of running and operating the…