Court of Appeals for the First Circuit July 2, 1908, No. 763 (Sterling Coal Co. v. Silver Spring Bleaching & Dyeing Co.)

PIOLMES, Circuit Justice.

This is an action of assumpsit brought by the plaintiff in error, hereafter called the plaintiff, for the price of coal sold and delivered to the defendant. The defendant does not dispute the debt, but sets up a claim in recoupment based upon an instrument which it says was the contract under which the coal was delivered. That instrument was as follows:

April 14, 1902.