J. Seal v. Tayco

Plaintiff as collection agent assignee of the American Brakeshoe Company (for brevity and clarity called Amsco, and the interests of both are referred to herein as the plaintiff) sued on an account for wares and merchandise delivered to the defendant Tayco, Inc. At pre-trial it was determined that defendant was indebted in the sum of $3,584.42; and there was reserved for trial the disputed issue as to what, if any, damages plaintiff was liable for on what was, in effect, a counterclaim for breach of contract in failing to deliver a certain order of tractor shoes as agreed. On this issue a jury found in favor of the defendant and assessed damages in the sum of $2,590, which was allowed as a setoff against the account, resulting in a net judgment for plaintiff in the sum of $944.42, plus interest. Plaintiff appeals.