Barry v. Cavanagh

The plaintiffs sue to recover unliquidated damages for breach by the defendants of their contract to accept a quantity of paving stones, which they had agreed to buy of the plaintiffs. The defendants answer to the merits, and file a declarar tian in set-off. But the plaintiffs’ demand is not the subject of set-off. Gen. Sts. c. 130, §§ 3, 7. It is unnecessary, therefore, to consider whether the instructions to the jury as to the set-off were correct or not, because no right of the defendants was or could be prejudiced by them. Montague v. Boston & Fairhaven Iron Works, 97 Mass. 502.

The…