Forms of Pleading in Actions for Legal Or Equitable Relief : Prepared With Copious Annotations, And With Especial Reference to the Codes of Procedure of the Various States And Adapted to the Present Practice in Many Common Law States

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696. See, also, to the property, this set-off is not Pratt v. Collins, 20 Hun (N. Y.), allowable. See Bernhous v. Abbott, 126; Bliss v. Bliss, 7 Bosw. (N. Y.) 46 N. J. (16 Vroom) 531; s. c, 30 339.
Alb. L. J. 51, reviewing the English 49 Adapted from the form sustained cases on this point. in Davis Coal Co. v. Briee, 175 Pa.
48 If defendant has such knowledge St. 155.
prior to the completion of an execu- Defendant may counterclaim for tory contract for the sale of the goods, damages for delay o
...n, plaintiff's although he had no knowledge at the part in making delivery. Beyer v.
time of making the contract, he can- Huber Co., 115 App. Div. 342, 100 not plead the factor's debt by way of N. Y. Supp. 1029.
2338 Abbott's Forms of Pleading at , at the rate of [two boatloads per week begin- ning in the week ending on the day of , 19 , until the entire quantity had been fully delivered].
II. That the two boatloads mentioned in the complaint were delivered to defendant by plaintiff in the week ending on said day of , 19 , but plaintiff has neglected and refused to deliver any portion of the remaining boatloads, although defendant has been, at all times, ready and willing, at said , to accept the same and to pay therefor according to the aforesaid agreement.


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