Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake.
(Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 1, 2, 6, 10, 12, 17.
C.J.S.- 80 C.J.S., Set-Off and Counterclaim, §§ 2, 13, 14.
ALR.
- Character of claims available by way of setoff, counterclaim, or recoupment in action on construction contract, 46 A.L.R. 393.
Payments made under unenforceable contract as applicable in reduction of amount recoverable on quantum meruit, 76 A.L.R. 1412.
Right of counterclaim, setoff, and the like, of defendant against partners individually, in action to enforce partnership claim, 39 A.L.R.2d 295.
Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.
Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.