John Rooff & Sons, Inc. v. Winterbottom

Plaintiff sued defendant at law upon an account stated for the balance owing plaintiff for labor and mate*125rial furnished defendant in the construction of a. building and other improvements. The correctness of plaintiff’s claim is conceded. Defendant pleaded in his answer a setoff and, in two counts, a counterclaim for negligently causing the destruction by fire of a building owned by him. For practical purposes the set-off pleaded in the answer and the cause asserted in count 1 of the counterclaim are the same and may be so considered. In count 2 of the counterclaim defendant relied upon the…