Gem Knitting Mills v. Empire Printing & Box Co.

The Empire Printing and Box Company sued the Gem Knitting Mills on an open account for boxes furnished. The ■defendant admitted that it received the boxes at the prices named. In its answer, however, the knitting mills set up as a defense, and as matter of recoupment, that the boxes were not delivered according to contract, and that there was unreasonable delay in delivery; that by reason of this delay it could not ship its goods from its mills, and that a large quantity thereof deteriorated in value and were damaged. The defendant, therefore, prayed a judgment in its favor against the…