Milford Spinning & Weaving Corp. of New Hampshire, Inc. v. Manowitz

Dowling, J.:

The complaint herein sets forth that between June 23 and June 30, 1920, plaintiff sold and delivered to defendant certain merchandise at the agreed price of $4,672.79, whereof $3,133.82 has been paid, leaving an unpaid balance due from defendant to plaintiff of $1,538.97. Defendant by his answer for a separate defense set forth that prior to August 3, 1920, he had a claim against plaintiff for a sum in excess of $5,000 for damages by reason of plaintiff’s failure to perform, and to deliver goods under, an agreement between them for the purchase and sale thereof; *417that thereafter…