Chicago Portland Cement Co. v. Hofman

This is an action to recover from defendant in error a balance of $496.20, claimed to be due to plaintiff in error for cement delivered pursuant to a written contract between said parties, dated June 26, 1908. The cause was tried before the court without a jury, resulting in a judgment of $16.20 in favor of plaintiff in error. The cement company prosecutes this writ of error.

It was stipulated by the parties in open court that the balance due to plaintiff in error for cement delivered to defendant in error under the contract was $496.20, subject to the right of the defendant in error to prove…