Hyman Isaacs Sons Co. v. Ellis

The opinion of the court was delivered by

Hendrickson, J.

The plaintiff sued defendant in an action on contract for amount claimed to be due upon a book account and recovered judgment for the same amounting to $123.65, besides costs.

The defendant, prior to the hearing, filed a set-off, claim*323ing $300 due to him from the plaintiff. Before any testimony was offered on the part of the defendant the plaintiff moved to dismiss the set-off on the ground that it was for the recovery of an unliquidated sum of money. Defendant contended that his set-off was for a liquidated demand, and that this appeared…