Webster Tractor & Implement Co. v. Roseberry

On Motion for Rehearing

Plaintiff complains of the allowance of a claim of defendant in the sum of $89.60 in compensation and offset, the basis of the complaint being that this claim was presented for the first time in an answer to the appeal.

“Compensation, or set-off, is a mode of extinguishing debts, which takes place when it happens that both plaintiff and defendant are indebted to each other; each retaining, in payment of the sum due to him, the amount which he owes to the other.” Code of Practice, Art. 366.

“The defendant may plead compensation, or set-off at every stage of the…