Defendant further alleged that he was entitled to set off the sum $20,410 in respect of the plaintiff's failure oF refusal to take delivery of 785 of the bonds, and of the sum of $21,042.20, being the balance due to defendant in respect of interest, exchange losses, bank charges, etc. The defence brought a counter-claim against plaintiffs, alleging that by. their refusal to take delivery of 785 of the bonds, they had involved the Gefendant in a loss of at least $20,410, Defendant claimed that, if the set-offs were allowed, he was entitled to $12,000; and that if the total amount allowed in respect of the set-offs wa: ess than the amount of the claim, sum representing the difference be allowed, in addition to the sum of $42,000.
A reply and defence to the counterclaim was also fled.
Opening the case for the plaintiffs, Mr. Reeks explained that the plaintiff company sold bonds to the public on the instalment plan. The company entered into an agreement with the defendant whereby the latter was supply bonds to the company as they were required. For a certain period the bonds were delivered according to the agreement, but subsequently the operations failed, and the company' could not supply these bonds 0 the public.
Mr, Recks attacked the pleadings of the defendant on the ground that, they were not properly drawn up. The Judge observed that the pleadings should have been attacked in chambers, but Mr. Reeks replied ihat it was necessary for defendant to state in his pleadings the facts which entitled him to the-money claimed.
The Judge: I must judge on the merits of the case, and not upon the form of the pleadings.
'Mr. Recks contended -that if a material point in the defence were not in the pleadings, it could not be proved. Counsel for the defence must state in his pleadings all the points' upon which he intended rely. For instance, said Mr. Reck there was not a fact in defendant's pleadings to show how he came to claim $40,000, He alleged that he had Incurred a loss on certain of the: bonds, but it was necessary for him to explain how that loss was incurred,
Text read from the printed page and cleaned; old type leaves the occasional error.