(Download) "Arcadia Knitting Mills v. Elliott" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Arcadia Knitting Mills v. Elliott
- Author : Supreme Court of New York
- Release Date : January 07, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The only damages which are available for recoupment are those which accrue to a defendant from the contract or transaction out of which the plaintiffs cause of action arises. 57 C. J. 396, 397. See also Johnson v. Association, 68 N.H. 437, 438, and cases cited. The present case differs essentially from that of Flanders v. Putney, 58 N.H. 358, which is cited in the defendants brief, for the defendant here alleges no single comprehensive agreement covering the sales and deliveries in question. On the contrary, the situation presented by the pleadings is that of a series of independent and distinct transactions, and the plaintiff does not now, and did not in the earlier action, seek recovery for the order of August 24, which is the basis of the defendants claim. The question is of slight practical importance, however, for the broad principles of equitable set-off, on which the defendant chiefly relies, are applicable to the case.