Duffy v. Shockey

This was an action by the appellants against Shockey, upon a written agreement signed by the parties. Averment of performance of the agreement, by the plaintiffs, and failure to perform by Shockey, in this, that he had failed to pay 300 dollars, as by the agreement it was provided that he should.

An answer was filed, admitting the execution of the agreement and the non-payment of the 300 dollars; but averring a breach of the agreement by the plaintiffs, where*71by the defendant was discharged from the payment of the 300 dollars, and claiming, by way of recoupment and counter-claim, the sum of…