J. Herman Co. v. A. Ackal & Bro.

This is a suit for the recovery of an alleged balance due on open account. The defense is payment for the goods ordered and the return of goods 'not ordered. The account sued on consists of nine different lots of merchandise invoiced in the aggregate at $6,928.68,' on which defendants are allowed credit for cash paid and merchandise returned in the total sum of $4,878.88, leaving $2,050 as the balance claimed to be due. The court below gave plaintiff judgment for the amount claimed, subject to a credit of $256 for a shortage in one of the shipments. Defendants appealed.

The aggregate of the…