R. & A. Building Corp. v. Sonn

Upon this motion the question to be determined is the propriety of the taxation of costs. A sues B for rent. In his answer B set up the defense of surrender and acceptance and eviction; and, pursuant to section 271 of the Civil Practice Act, B interposed a counterclaim against X (a third party), along with A. The counterclaim was based upon a claimed breach of an alleged agreement between B on the one hand and A and X on the other to sublet the premises for B. X was A’s agent in the transaction giving rise to the cause of action upon which A sued B. The same attorneys appeared for both A and…