Hayssen Manufacturing Co. v. Mootz

Maxwell, Judge:

In an action by plaintiff against defendant for $1,166.95, balance due on certain notes, defendant, upon plea of set-off, obtained verdict and judgment against the plaintiff for $3,301.13. Plaintiff sought and obtained writ of error.

The notes, executed by the defendant to the plaintiff, represented, in large part, the unpaid portion of the purchase price of a bread-wrapping machine sold by the plaintiff, manufacturer of the same, to the defendant, a baker.

The machine was installed in the defendant’s bakery in February, 1981. By his plea of statutory recoupment (Code, 56-5-5),…