Wallich Ice MacHine Co. v. Hanewald

The issue presented by this appeal is the right of defendant and appellee to assert set-off or recoupment. Plaintiff brought suit in assumpsit and admittedly was entitled to recover at least $475 (the amount found by the jury) unless the amount otherwise due it was reduced by set-off or recoupment. On trial by jury plaintiff had verdict and judgment for $125. It has appealed and asserts that defendant was erroneously allowed his alleged counterclaim.

The litigation arises from the purchase of a refrigeration plant by defendant from the plaintiff corporation on March 7,1930. The price of $2,025…