The plaintiff sues for $450 rent. The defendants admit they owe $300 as rent, but deny the additional cláim for $150 and set up a counterclaim for $600, money deposited with the plaintiff as security for the rent. The justice found that the defendants owed the plaintiff $300, but not the additional $150, and that the defendants were entitled to a return of' the $600 deposited with -the plaintiff. He, therefore, gave judgment for the defendants in the sum of $300. The plaintiff appeals.' On the trial the plaintiff attempted to introduce a judgment, recovered in another action, by the plaintiff against the defendants, as' a set-off against the defendants’ counterclaim. It was ruled out on the sole ground, as appears from the opinion of the justice, annexed to the record, that it -had not been pleaded.
Judgment reversed and new trial ordered, with costs to abide; the event.
Freedman, P. J., and McAdam, J., concur.
Judgment reversed and new trial ordered, with costs to abide event.