67 Vt. 386 | Vt. | 1895
Is it necessary to.examine the questions presented by the record?
The plaintiff sought to recover the amount of a promissory note given, with other notes, for two horses, sold by him to defendant Kelley. The defendants admitted the execution of the note, and pleaded in set off a claim against the plaintiff in favor of the defendant Kelley, based upon a breach of warranty of said horses, and said Kelley filed a declaration in set off, claiming to recover for the same breach. The jury returned a verdict for the plaintiff for the full amount of the note in suit, and found damages for the defendants under the plea in set off equal to the amount of the note. The defendants’ claim, although under the form of
“If the plaintiff, in an action founded on contract, express or implied, is indebted to the defendant in such action on contract express or implied, the defendant, after pleading the general issue, or confessing the plaintiff’s cause of action, may plead such indebtedness in set off.”
Under this law it has long been held that the demands which can be set off must be mutual, and cannot embrace
Judgment affirmed.