COLONIAL VILLAGE RESTAURANTS v. COLONIAL VILLAGE

SET-OFF, COUNTERCLAIM AND RECOUPMENT, §§ 78, 79 — sufficiency of proofs. Where plaintiff operated restaurants for a concessionaire, which collected the receipts and deducted a percentage, with the balance to be turned over to the plaintiff, and plaintiff sued for moneys wrongfully withheld, and defendant sought to charge plaintiff with the cost of cash registers, various alterations and installations made in the restaurants, and miscellaneous items, the evidence justified the finding of the trial court in favor of the plaintiff.

Opinion by JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed July 1, 1942.