Edwards Sayward v. Fitchner

Fitchner sued Edwards Sayward on the common counts. The recovery sought was $2950.00 and the verdict of the jury was for that exact amount. The case was tried on pleadings relating to the original claim for $2950.00 by the plaintiff, and pleas of set off by which the defendants claimed counter damages to the extent of $4344.09. Motion for new trial was made and denied and defendants took writ of error.

In common law actions, our statutes permit, but do not require, the defendant to plead demands mutually existing between the parties at the commencement of the action, which may be proper…