Pillsbury Mills, Inc. v. Chehardy

MOISE, Justice.

Plaintiff brought suit against the defendant, claiming that there was due him $10,071.48, on an open account. He prayed for legal interest, from April 22, 1945, until paid. The defendant answered, and pleaded in reconvention, that plaintiff was indebted unto him, in the amount of $28,-477.76. He claimed that there was a set-off due him, and prayed for judgment, in the amount of $18,406.28. It is self-evident that by claiming a set-off, defendant judicially admitted the correctness of plaintiff’s demand. Articles 2207, 2208, 2209, LSA-Revised Civil Code; Jackson v. Taylor Bros.…