American Air Filter Co. v. Robb

This case is presently in the pleading stage. On the facts as detailed by Robb’s “cross complaint” — which we take as *586true in passing upon Hunter’s demurrer — defendant is entitled to a recoupment in some amount on the contract price of the equipment which he contracted to buy from Hunter and which plaintiff, upon Hunter’s order, furnished defendant. Plaintiff alleges the amount is “inconsequential”; Robb avers it is $9,005.31. Whatever the amount, however, defendant is entitled to credit it against his total liability under the contract.

Plaintiff alleges that, in all his dealings with Robb,…