Foster Machine Co v. Covel Manfg. Co.

The cause was tried without a jury. There was judgment for defendant which plaintiff reviews on writ of error. As to both fact and law, we adopt the opinion of the trial judge:

“This is an action in assumpsit to recover the sum of $2,336.92, which plaintiff claims to have overpaid the defendant by mistake, on account of two certain contracts by which defendant was to manufacture for plaintiff 200 plain head screw machines. The defendant admits the over-payment of said amount through mistake. It sets up, however, by way of recoupment, that defendant was induced to enter into said contracts by…