Webster v. Beebe
Superior Court of Delaware
Appeal from a Justice of the Peace (No. 55, January Term, 1909). Demurrer to plea of set-off and to notice of recoupment.
1Opinion of the Court
Boyce, J.,
delivering the opinion of the Court:
This was an action of assumpsit, with pro narr filed, for alleged breach to pay for certain alterations and repairs to a certain boat; for work and labor, etc.; for materials furnished, and other common counts. A bill of particulars was not demanded and none was filed. The defendant filed a plea of set-off of $200. for work- and labor, etc.; for materials furnished, etc.; and the like, alleged to be at the special instance and request of the plaintiff, to which plea 'there was annexed as a part thereof what purported to be a bill of particulars of…
2Cited by3 opinions
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- Dietrich v. BaddersSuperior Court of Delaware · 1913
- Peirson v. HollingsworthSuperior Court of Delaware · 1969