Bowdler v. Billings-Chapin Co.
Court of Appeals for the D.C. Circuit
ITkarjng on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for breach of a contract of sale.
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ITkarjng on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for breach of a contract of sale. The Court in the opinion stated the facts as follows: This suit was brought by the Billings-Chapin Company to recover a balance of account claimed to be due for paints and painters’ supplies sold and delivered to defendants, Robert Rowdier, Adolph Rowdier, and Louis L. Rowdier, a partnership, doing business in the name of Robert Rowdier & Sons. A statement of account is filed with the declaration, showing the…
1Opinion of the Court
Mr.- Justice Van Ousnun
delivered the opinion of the Court:
It is urged by counsel for plaintiff that defendants have mistaken their remedy, and set up false representations, breach of warranty, and the defective quality of the goods sold to them, by way of the common-law notice of recoupment, when it should have been by the statutory plea of set-off. Undoubtedly, the English rule confined the defendant in recoupment to reducing the amount of plaintiff's demand by the difference in value between the price for which the goods were purchased and what they were shown to be really worth by reason…
2Cases cited1 opinion
- Dushane v. BenedictSupreme Court of the United States · 1887
3Cited by1 opinion
- Cooper v. MarosyDistrict of Columbia Court of Appeals · 1945