#### Eli L. Nissly et al., Appellants, v. M. Wainer, Appellee.

Gen. No. 23,536.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed May 14, 1918.

Statement of the Case.

Action by Eli L. Nissly, Henry R. Nissly and Eli J. Nissly, trading as E. L. Nissly & Company, plaintiffs, against M. Wainer, defendant, to recover for a balance of account. From a judgment for defendant on his plea of set-off, plaintiffs appeal.

Hoyne, O’Connor & Irwin, for appellants.

*255Abstract of the Decision.

Set-oef and recoupment, § 6 * — when set-off is proper against nonresident. A claim for unliquidated damages may be set off against a nonresident plaintiff.

Charles P. Schwartz, Ulysses S. Schwartz and David W. Kahane, for appellee.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.