Monongahela Tie & Lumber Co. v. Flannigan

LYNCH, Judge:

Claiming an indebtedness of $1400 as a balance due from defendant, under a contract executed September 1, 1909, delivered April 20, 1910, for the sale and purchase of timber on 500 acres of land in Monongalia county, known as the “McClaren tract”, the contract stipulating the price therefor and the terms of payment, plaintiff brought assumpsit, and defendant pleaded non-assumpsit, tendered and was permitted to file a notice of recoupment, and, over plaintiff’s objection, also a special plea. The notice and plea aver the same defensory matters against the claim alleged in the…