Pennock v. Smith

Plaintiffs bring this action to recover a balance of $500, and interest, on the rental of a potato storage warehouse occupied by the defendant for the seasonal year ending in the summer of 1941. Defendant occupied in the particular year under a verbal contract, but had been lessee under written annual leases during the three immediately preceding years. While properly subject matter for recoupment rather than for setoff, the defendant, with the consent of the plaintiffs, pleaded by way of setoff, inserted in a brief statement accompanying a plea of the general issue, that he had suffered…