Miyasaki v. Nobriga

OPINION OF THE COURT BY

LE BARON, J.

In an action of assumpsit for milk delivered to the defendant, the defendant answered by way of recoupment, setting up damages occasioned by the plaintiff’s breach of the contract under which the milk was delivered. The district magistrate, after a trial, disallowed the recoupment claim and entered judgment against the defendant in the full amount prayed for in the plaintiff’s suit.

The defendant appeals on points of law which are directed against the magistrate’s ruling. They are that the magistrate erred in ruling as a matter of law (1) that the contract…