J. C. Lysle Milling Co. v. North Alabama Grocery Co.
Supreme Court of Alabama
Appeal from City Court of Gadsden; John H. Disque, Judge. Assumpsit by the J. C. Lysle Milling Company against the North Alabama Grocery Company. Judgment for 'defendant, and plaintiff appeals.
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Appeal from City Court of Gadsden; John H. Disque, Judge. Assumpsit by the J. C. Lysle Milling Company against the North Alabama Grocery Company. Judgment for 'defendant, and plaintiff appeals. The following are the pleas: 3. Defendant says that at the time said action was commenced plaintiff was indebted to the defendant in the sum of $4,000 as damages for the breach of a contract hereinafter more fully set forth, which the defendant hereby offers to set off against the demand of the plaintiff, and claims judgment for the excess. The damages herein claimed arise out of a contract breached by…
1Opinion of the CourtThomas, J.
The suit was for the recovery of the contract price of flour delivered by appellant, and, on pleas of recoupment, resulted in a judgment over for the defendant.
[1, 2] Recoupment is an innovation upon the strict rules of law, sanctioned by the courts for the purpose of doing equity between the parties, where it could not be otherwise attained or could not be attained without an expensive or circuitous process. Mason & Craig v. Heyward, 3 Minn. 182 (Gil. 116); Stow v. Yarwood et al., 14 Ill. 424; Upton & Co. v. Julian & Co., 7 Ohio St. 95; Ives v. Van Epps, 22 Wend. (N. Y.) 155; Hinsdell v.…
2Cases cited52 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Pope v. AllisSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Canal Co. v. GordonSupreme Court of the United States · 1868
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3Cited by38 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Adler v. MillerSupreme Court of Alabama · 1928
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- ROMAR DEV. v. Gulf View Management Corp.Supreme Court of Alabama · 1994
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