Standard Brewery v. Sweeney

<p>Abstract of the Decision.</p> <p>1. Witnesses, § 144*—when party incompetent as to conversations with deceased agent. A corporation is a "party” within Hurd’s R. S. ch. 51, sec. 4, J. & A. V 5521, rendering a party incompetent as to conversations with an agent of the adverse party, since deceased, unless held in the presence of surviving agents of such adverse party; and in an action by it defendant is incompetent as to conversations held with its agent, since deceased.</p> <p>2. Set-ore and recoupment, § 10*-—when elaim for commissions proper subject for set-off. In an action by a brewing company to recover for beer sold defendant, the latter’s claim to commissions under an agreement with plaintiff by which he was to receive a fixed commission for securing new customers the amount of such commissions to depend upon the daily consumption of beer by such new customers, is a proper subject of set-off, and is none the less liquidated because requiring extrinsic evidence that such new customers had sold the requisite number of barrels of beer.</p>