Ehrman Mfg. Co. v. Carroll Sons

The plaintiff sued the defendants for a past-due account, which was undisputed, and, if this had heen all, the plaintiff would have been entitled to a judgment for the amount claimed. The defendants, however, set up, by way of recoupment, the breach of a contract for the shipment of 200 dozen overalls of January 18, 1918, and recovered a judgment over, so the only controversy in the case arose over the defense to the action and not the existence of the plaintiff’s cause of action.

The order given by the defendants, through the broker or agent, Botts, and which the defendants claim was…