Robbins v. Eakin

3 N.J.L. 745

Opinion

By the Court.

To enable a defendant to recover a sum of money against the plaintiff, there must be a set-off. The issue on the pleadings below, was; that the defendant had broke his agreement with the plaintiff. If he had, the plaintiff was entitled to damages; if he had not, the defendant ought to have judgment for his costs; but he could not recover a sum of money against the plaintiff.

Judgment revers ed.