Texas Supreme Court July 1, 1858 (Mitchell v. Rucker)

Roberts, J.

The account pleaded in set-off, in this case, consisting of items similar in their nature to those of plaintiff’s account, upon which the suit was brought, constituted a good defence to the action. It is true, that defendant had not placed his claim in condition, to authorize him to recover a judgment against the administrator, should his (defendant’s,) claim prove to be the largest.