Wieczorek v. McCarthy

Action of contract to recover for gravel sold. The defence mainly relied upon is recoupment. There was a finding for the plaintiffs. The error assigned is the *129denial of several rulings requested by the defendants but at the oral argument the defendants argued only three of these requests, counsel stating that all other claims of error are waived. The requests, the denial of which constitute the error upon which the defendants now rely, are as follows:

3. On all the evidence on Count 1, the defendants are entitled to recoup from the plaintiffs’ claim for the difference in the contract price and…