For the purpose of joinder of causes of action, one transaction having a substantial unity with another or other transactions. 1 Am J2d Actions § 107. A preponderating doctrine in the law of larceny, that the larceny of articles belonging to different owners, if committed at the same time and place, constitutes but one offense; and that while the state can, if it chooses, include all these offenses in one indictment, yet if it chooses to indict the thief for stealing only one of the articles belonging to one of the owners, it cannot subsequently be allowed to indict for the larceny of any other of the articles so taken, for it was taken in the same transaction and that would be double jeopardy for the same offense. Dean v State, 9 Ga App 571, 71 SE 932. For the purposes of a counterclaim, the contract or transaction which is the foundation of plaintiff's suit. Benton County State Bank v Nichols, 153 Or 73, 54 P2d 1166. In actions ex contractu, a counterclaim, to be one arising out of the same contract or transaction, must be a cause of action in favor of a defendant against a plaintiff which might have arisen out of the original transaction, in view of the parties, and which, at the time the contract was made, they could have intended might, in some event, give one a claim against the other for compliance or noncompliance with its provisions. Krausse v Greenfield, 61 Or 502, 123 P 392. Such a "transaction" is not limited to the facts set forth in the complaint, but includes the entire series of acts and mutual conduct of the parties in the business or proceeding between them which formed the basis of the transaction. 20 Am J2d Countcl § 67.
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