Clarke Const. Co. v. United States ex rel. William F. Johnson Lumber Co.

PAGE, Circuit Judge.

Defendant in error the lumber company (here called plaintiff), contracted with plaintiff in error, the construction company (here called defendant), to furnish defendant mill work for the Hoopeston post office. Defendant, to a suit for a balance claimed to be due under the contract, pleaded the general issue, and, under the Illinois statute, notice of set-off of damages for a breach of contract. Defendant stipulated amount due plaintiff, without prejudice to the right of set-off. At the close of defendant’s evidence to establish the set-off, the court directed a verdict…