 | Alabama. Supreme Court - 1848 - 918 halaman
...given. The question was; whether this evidence was a defence to the action ; and the court said, " when the demands of both parties spring out of the...damages on both sides are unliquidated ; but he can only set-off, when the demands of both parties are liquidated, or capable of being ascertained by calculation."... | |
 | Alabama. Supreme Court - 1849 - 916 halaman
...Armistead, from the proceeds of the cotton they sold upon the account of the plaintiff's testator. When the demands of both parties spring out of the...although the damages on both sides are unliquidated ; but there can be 110 recoupment by setting up the breach of an independent contract on the part of the... | |
 | Theodore Sedgwick - 1852 - 722 halaman
...not a question of set-off, as the plaintiff's counsel seems to suppose, but of recoupment of damages. When the demands of both parties spring out of the same contract or transaction, the de* Wcstlake tu. Degraw, 25 Wend., 669. The landlord, however, is not bovmd to repair, except by virtue... | |
 | Theodore Sedgwick - 1858 - 778 halaman
...not a question of set-off, as the plaintiff's counsel seems to suppose, but of recoupment of damages. When the demands of both parties spring out of the same contract or transaction, the defendant may [M2] recoup, although the damages on both sides are unliquidated ; but he can only set off when the... | |
 | John Hoff Stewart - 1880 - 944 halaman
...and recoupment. Judge Bronson, in Batterman v. Pierce, 3 Hill 174, thus distinguished them : "Wheu the demands of both parties spring out of the same...the premiums which this defendant has paid since the 15th day of September, 1870, should be credited as payments made from time to time on account of the... | |
 | Isaac Grant Thompson - 1880 - 886 halaman
...been infused into this remedy ; and it is now held that the defendant may recoup generally, whenever the demands of both parties spring out of the same contract or transaction; and it opens in this country, generally, the entire oooBaltimore and Ohio Railroad Company v. Jameson.... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1885 - 940 halaman
...plaintiff. But when a court held, as the courts do now generally, that the defendant may recoup, whenever the demands of both parties spring out of the same contract or transaction, and the entire contract is opened, so far as is necessary to determine the plaintiff's right to damages... | |
 | Theodore Sedgwick, Arthur George Sedgwick - 1891 - 856 halaman
...not a question of set-off, as the plaintiffs counsel seems to suppose, but of recoupment of damages. When the demands of both parties spring out of the...damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation."... | |
 | Jabez Gridley Sutherland - 1893 - 1132 halaman
...recoupment, and Bronson, J., comprehensively stated the doctrine underlying and governing it He said : " When the demands of both parties spring out of the...although the damages on both sides are unliquidated. ... It was formerly supposed that there could only be a recoupment where some fraud was imputable to... | |
 | Philemon Bliss - 1894 - 858 halaman
...not a question of set-off, as the plaintiff's counsel seem to suppose, but of recoupment of damages. When the demands of both parties spring out of the...damages on both sides are unliquidated; but he can only set off where the demands of both parties are liqui'dated, or capable of being ascertained by caiculation.'... | |
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When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being... 
