Dairymen's League Co-operative Ass'n v. Egli

The complaint alleges that plaintiff sold and delivered goods, wares and merchandise, consisting of milk, cream and buttermilk, to defendants, upon which there is a balance due of $19,968.11. The answer admits all of the allegations of the complaint but asserts a counterclaim for breach of contract and damages for the sum of $14,121.37, which tends to diminish plaintiff’s demand by that amount (Civ. Prac. Act, § 266), and asks that it be offset against the claim of the plaintiff. Plaintiff’s reply to the counterclaim admits that it had negotiations with defendants for the purchase of milk and…