Pioneer Mercantile Co. v. Freeman

1. In a suit upon promissory notes executed by the defendant to the plaintiff in payment of the purchase-price of the goods sold by the plaintiff to the defendant, the defendant may by counterclaim recover from the plaintiff damages sustained by the defendant by virtue of the breach by the plaintiff of a written contract between the parties whereby the plaintiff covenanted to keep the property sold insured against fire in a certain amount' for the defendant’s benefit, with loss to be applied to the unpaid purchase-money, and payable to the plaintiff.

2. Where a written contract contains a word…