Sherardizing Company of Illinois, Appellant, v. Federal Sign System, Appellee.

Gen. No. 22,709.

(Not to be reported in full.)

Abstract of the Decision.

Set-off and recoupment, § 40 * —when evidence is sufficient to warrant finding in favor of defendant on set-off. Evidence held to warrant the finding in favor of the defendant on set-off for loss of certain metal rings delivered to the plaintiff by the defendant for a “sherardizing” or zinc covering process, in an action to recover for services in such process.

Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 12, 1917.

Statement of the Case.

Action by the Sherardizing Company of Illinois, a corporation, plaintiff, against the Federal Sign System, defendant, to recover for services in “sherardizing” certain metal rings delivered by the defendant to the plaintiff for that purpose, to which the defendant filed a set-off, claiming a part of said rings were spoiled and made useless. From a judgment for defendant for $57.68, plaintiff appeals.

Plaintiff’s statement of claim set forth one item of $35.22, which the defendant admitted to be correct, and another item of $7.26 as to goods which the defendant claimed to have been spoiled and made useless, and for which it claimed a loss of $92.80.

Meyer Shapiro, for appellant.

No appearance for appellee.