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WEST V. SMITH, 101 U. S. 263 (1879)

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U.S. Supreme Court

West v. Smith, 101 U.S. 263 (1879)

West v. Smith

101 U.S. 263

Syllabus

1. Where an action has been removed from a state court to the circuit court, the latter may, in accordance with the state practice, grant the plaintiff leave to amend his declaration by inserting new counts for the same cause of action as that alleged in the original counts.

2. In an action to recover the balance alleged to be due upon certain yarn spun for, and from time to time delivered to, the defendant, for all of which he had paid, except the last lot, he, by way of recoupment, claimed damages because all the yarn was not of the stipulated size. To prove this, he put in evidence a letter of the plaintiff wherein he, at the instance of the defendant, deducted from one of his bills five cents per pound on a specified quantity, and stated the balance. The plaintiff, being examined, was then asked by his counsel whether he accepted defendant's proposition to make the deduction on that lot because he admitted that the yarn was not according to contract, or to settle a controversy. He answered that it was to avoid a controversy. Held that the answer was properly admitted.

The facts are stated in the opinion of the Court. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 101 U. S. 264





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