AN ACT to amend Chapter 128 of the Revised Code of the State of Delaware relative to Set-Off.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
That 4188, Section 25 and 4189, Section 26 of the Revised Code of the State of Delaware be and the same are hereby amended by the repeal thereof and the substitution of the following in lieu of the same, to be known as 4188, Section 25, and.4189, Section 26 of the Revised Code of the State of Delaware.
4188. Sec. 25. Set-Off: What Debts or Credits are Subject of: - Mutual debts or credits between parties to an action, due, at the time of action brought, in the same right, subject of and being for a sum liquidated, or which can be ascertained by calculation, may be the subject of set-off in such action and a verdict may be rendered in favor of either party for the balance found to be due and judgment entered thereon. If, in any case in which the defendant pleads a set-off, the action of the plaintiff is discontinued, dismissed, abated, or a voluntary non-suit suffered, the set-off, nevertheless, may be proceeded with to judgment.
4189. Sec. 26. Set-Off : In Suits Where Executors suits where Executors or Administrators are Parties : If either party sue, or be administrators are Parties sued, as an executor or administrator, and there are mutual debts or credits between his testator, or intestate, and the other party, one debt or credit may be set off against the other.
Approved May 13, 1931.