Doyle v. Polle

This is an action of assumpsit in the common counts with specifications seeking to recover only for goods and chattels furnished the defendant. The defendant pleaded a general denial, and also filed an answer in set-off claiming the sum of $2,000, as due the defendant "to balance book accounts between them.” On September 12, 1958 the defendant filed a motion to remove the action from the jury trial list, and that judgment to account be made, pursuant to V. S. 47, § §1657-8-9, now 12 V. S. A. (Set-Off) § §5473, 5474 and 5475. Acting on this motion an entry was made by the court, * * "defendant…