David Rutter & Co. v. McLaughlin

The appellee, hereinafter called plaintiff, brought a suit in the Circuit Court of Cook county against the appellant, hereinafter called defendant, on the common counts, with an affidavit that there was due and owing to the plaintiff from the defendant $709.62 for coal, sold and delivered by the plaintiff to the defendant. The defendant filed a plea of the general issue with an affidavit of merits that he had a good defense to the whole of plaintiff’s demand; and also filed a notice of set-off for $2251 for damages sustained by reason of the plaintiff’s failing to deliver coal as agreed,…