Evens v. Hall
Ohio Superior Court, Cincinnati
This was an action brought to recover the compensation earned by the plaintiff, in the performance of a contract for the manufacture of certain seal presses, known as “Evens’ Percussion,” entered into between him and the defendant.
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This was an action brought to recover the compensation earned by the plaintiff, in the performance of a contract for the manufacture of certain seal presses, known as “Evens’ Percussion,” entered into between him and the defendant. The defendant, by way of answer, claimed damages for the non-performance of a certain other contract, entered into between the parties, by which the plaintiff agreed to procure a patent, for the exclusive right to make and use the said presses, and assign one half thereof to the defendant. The plaintiff, in reply, denied the existence of any such contract. The case…
1Opinion of the CourtSpencer, J.
It is difficult to determine, whether the counterclaim set up in the answer, was intended to be pleaded as a set-off to the plaintiff’s demand, or as a counterclaim, in the proper sense of the word. Viewed in either aspect, however, it seems improperly presented in the present case.
1. As a set-off it presents a claim for unliquidated damages, which is contrary to all received ideas of a set-off' as such. Whether the Code intended to use the word “ set-off” in its original and accepted sense, as applicable only to cases of certain and liquidated demands, or to enlarge its meaning so as to…
2Cited by3 opinions
- Boyer v. ClarkNebraska Supreme Court · 1873
- Marshall Bros. v. MassonOhio Superior Court, Cincinnati · 1871
- McCullough v. LewisOhio Superior Court, Cincinnati · 1857