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COLE v. COLBURN

Supreme Court of New Hampshire Grafton.
Dec 1, 1881
Judgment
Subsequent
References
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Case Information
CITATION CODES
citation codes
Attorney(S)

W. A. Flanders, for the plaintiff. J. C. Story and Shirley Carr, for the defendant. The value of each article of the exchanged property was properly proved. Fisk v. Hicks, 31 N.H. 535. The damages should be recouped. Carey v. Guillow, 105 Mass. 18; Mixer v. Coburn, 11 Met. 559, 561; Britton v. Turner, 6 N.H. 481; Horn v. Batchelder, 41 N.H. 86; Flanders v. Putney, 58 N.H. 358, Eastman v. Thayer, 60 N.H. 575, 576; Beecker v. Vrooman, 13 Johns. 302; Reab v. McAlister, 8 Wend. 109; Nichols v. Townsend, 7 Hun 375; Springer v. Dwyer, 58 Barb. 189; Starbird v. Barrons, 43 N.Y. 200; Conor v. Dempsey, 49 N.Y. 665; Allaire v. Whitney, 1 Hill 484 — S.C., 4 Denio 554; Abbott Trial Ev. 335, s. 55; Avery v. Brown., 31 Conn. 398; Breese v. McCann, 52 Vt. 498; Basten v. Butter, 7 East 479; Street v. Blay, 2 B. Ad. 456; Sedg. Dam. 428-451.

JUDGES

DOE, C. J.

ACTS

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Important Paras
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In an action on the case for deceit in an exchange of chattels, there may be a recoupment of the defendant's damages caused by the plaintiff's breach of warranty.

DOE, C. J.

Damages are recouped to avoid a useless multiplication of suits; and a sound rule of set-off cannot be constructed upon the mere form of action. Two suits between these parties are not necessary for balancing the equal damages accruing from the single contract of exchange, and duly set forth in pleading. The defendant's judgment for costs will conclude the controversy by a clause of recoupment.

Judgment for the defendant.

STANLEY, J., did not sit: the others concurred.

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