Panzieri-Hogan Co. v. Bender

Hinman, J.:

This action was brought to recover a balance of $2,011.17, conceded to remain unpaid by defendant to plaintiE upon a con*399tract for building construction. The answer, putting in issue no allegation of the complaint, alleges, by way of defense and counterclaim, that defendant, through plaintiff’s failure to complete the building within the stipulated time, sustained damages through loss of rents to an amount equivalent to the balance unpaid upon the contract. The reply, besides putting in issue most of the material allegations of the counterclaim, avers, as an excuse for the delay in…