Appellate Court of Illinois, 1917

Casty v. Lanzit Corrugated Box Co.

Casty v. Lanzit Corrugated Box Co.
Appellate Court of Illinois · Decided June 11, 1917 · McSukely
206 Ill. App. 626

Casty v. Lanzit Corrugated Box Co.

Opinion of the Court

Mr. Presiding Justice McSukely

delivered the opinion of the court.

Abstract of the Decision. Set-off and recoupment, § 40*—when evidence is sufficient to warrant judgment on set-off in action on contract. In an action on an account for teaming and hauling where defendant interposed a set-off to recover an overpayment, consisting of a balance due after allowance being made for extras out of a sum paid to plaintiff for services and extras, evidence held insufficient to sustain a judgment for plaintiff and to warrant a judgment for defendant on. his set-off.

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