Edge Moor Iron Co. v. Brown Hoisting Machine Co.

Boyce, J.,

delivering the opinion of the Court:

The plaintiff brought an action of assumpsit against the defendant to recover an alleged balance due on the price of a ten-ton travelling crane, sold to the defendant, as averred, with *11a warranty, together with certain other items set forth in the bill of particulars filed. The defendant sought to avail itselfíof breach of warranty as a defense, by way of recoupment. The plaintiff filed a general demurrer to the noticé of recoupment. The Court below sustained the demurrer as against the claim^of the defendant for special damages, set up in the…