Van Raalte Co. v. Solof Bros.

Miller, Judge:

In an action of assumpsit for the 'value of goods sold, the defendants sought by plea to off-set two counter claims for damages for alleged breaches of plaintiff’s contracts to sell and deliver to defendants at prices stipulated in the contracts certain other goods which, because of such breaches, they had been obliged to purchase in the market at higher prices, whereby they were damaged to an amount largely in excess of plaintiff’s demand against them. It is not alleged in the plea that these counter claims arose out of the samel transaction on which plaintiff sued, nor that…