David Rutter & Co. v. McLaughlin

This was an action of assumpsit commenced in the circuit court of Cook county by the appellee against the appellant to recover for certain coal sold and delivered by the appellee to the appellant. The common counts, with an affidavit that the defendant was indebted to- the plaintiff in the sum of $709.62, were filed by the plaintiff, and the defendant filed the general issue and an affidavit that he had a good defense to the whole of plaintiff’s claim. He also filed a plea of set-off for $2251 for failure to deliver coal as agreed, and for damages to his boiler and heating apparatus in…