Dygert v. Coppernoll , 13 Johns. 210 ( 1816 )

Per Curiam.

No set-off can be allowed,^except, it.be against a claim founded in con tract,, express .or implied. The, minutes.^ of the ‘ former judgment are equivocal and uncertain • as to the cause of action. , Trespass on the case may be for tort or contract; and, to explain that ambiguity, the written declaration. which the justice had left at home was the best evidence ; and, therefore,., the parol evidence to that point was properly excluded.,

The judgment ought to be affirmed.--