Day v. Rogers Brothers Coal Company

Opinion op the Court by

Drury, Commissioner—

Affirming.

Bogers Brothers Coal Company, hereinafter called plaintiff, recovered a judgment for $1,130.50, with interest, against P. W. Day, to reverse which this appeal is prosecuted.

Plaintiff began this action upon a note given it by Day. Day’s answer admits the execution of the note, and that it is unpaid, but sets up what he terms a “set-off and counterclaim” thereto, and alleges that plaintiff should pay him $19,000.00 damages for breach of a contract made with Day. This claim was then unliquidated. It could not be a counterclaim for it arose out…