Cooke v. Preble

Citations

• 80 Ill. 381

Syllabus

<p>1. Practice in Supreme Court—when erroneous ruling on the pleadings will not reverse. Where a special plea setting up damages by way of setoff is stricken from the files, and it appears that such plea was unnecessary. and that all the matters presented by it were received and considered under the general issue, by way of recoupment, the judgment will not be reversed for the irregularity in striking the plea from the files, instead of disposing of the same by demurrer.</p> <p>2. Recoupment—of damages, under the general issue. In a suit to recover the price of a derrick made under a special contract, the defendant may, under the general issue, recoup any damages he has sustained by defects in the work, and delay in completing the same.</p>