Cook v. . Soule

This was an action by the plaintiff to recover a balance claimed to be due for rent of certain premises in Syracuse occupied by defendants as tenants. The defence was a counter-claim of damages, alleged to have been sustained by the defendants from a breach of an agreement by the plaintiff, to put and keep the premises in good repair. The premises were used by the defendants for a livery stable.

The defendants had the right to set up this counter-claim as a defence in the action. It arose out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim,…