Verderama v. Smith

Citations

• 23 Del. 78
• 75 A. 785
• 7 Penne. 78
• 1908 Del. LEXIS 4

Syllabus

<p>Assumpsit—Labor and Materials Furnished—Counter Claim— Set-off—Recoupment—Evidence.</p> <p>Í. In an action of assumpsit to recover for labor and materials furnished by the plaintiffs in repairing an automobile for the defendant, held that there was nothing in the evidence adduced in the case that supported the counter claim made by the defendant and which would enable him to set-off or recoup his alleged claim for damages.</p> <p>2. Although work and materials was done and furnished by the plaintiffs as alleged, yet if the same were of such a character as to be of no benefit to the defendant, the plaintiffs would not be entitled to recover.</p>