LYNCH, Judge:
Two questions are here for disposition.
First: the legal question raised by Plaintiff's Motion to Dismiss Defendant's Counterclaim, and Secondly: the ultimate disposition of the case, based on the evidence and following trial.
When plaintiff filed his suit before the Justice of the Peace defendant filed a "set-off" or "counterclaim" to plaintiff's cause of action — presumably on the authority of 10 Del.C. § 9540...
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