#### Morris Casty, Appellee, v. Lanzit Corrugated Box Company, Appellant.

Gen. No. 22,847.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Charles H. Bowles, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and judgment here.

Opinion filed June 11, 1917.

Statement of the Case.

Action by Morris Casty, plaintiff, against the Lanzit Corrugated Box Company, a corporation, defendant, to recover on an account for teaming and hauling goods and set-off by defendant to recover for an alleged overpayment, consisting of a balance due after allowance being made for extras out of a sum paid to plaintiff for services and extras. From a judgment for plaintiff for $79.05, defendant appeals.

Maurice Markowitz and John F. Tyrrell, for appellant.

No appearance for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice McSukely

delivered the opinion of the court.

*627Abstract of the Decision.

Set-off and recoupment, § 40 * —when evidence is sufficient to warrant judgment on set-off in action on contract. In an action on an account for teaming and hauling where defendant interposed a set-off to recover an overpayment, consisting of a balance due after allowance being made for extras out of a sum paid to plaintiff for services and extras, evidence held insufficient to sustain a judgment for plaintiff and to warrant a judgment for defendant on. his set-off.