Arcadia Knitting Mills, Inc. v. Elliott Manufacturing Co.

The only damages which are available for recoupment are those which accrue to a defendant from the contract or transaction out of which the plaintiff’s cause of action arises. 57 C. J. 396, 397. See also Johnson v. Association, 68 N. H. 437, 438, and cases cited. The present case differs essentially from that of Flanders v. Putney, 58 N. H. 358, which is cited in the defendant’s brief, for the defendant here alleges no single comprehensive agreement covering the sales and deliveries in question. On the contrary, the situation presented by the pleadings is that of a series of independent and…