Paragon Refining Co. v. Lee Bros.
Tennessee Supreme Court
PROM SHELBY. Appeal in error from Circuit Court of Shelby County. L. H. Estes, J.
1Opinion of the CourtWilkes, J.
The oil company sued Lee Bros, on open account for the price of three cars of petroleum, claiming as amount due $763.90. The defendant filed pleas denying liability, and also a plea of set-off and recoupment for failure to deliver three cars of such oil, laying their damages for such failure at $1,000. The cause was heard in the Court below without a jury, when the trial Judge was of opinion that the oil company was entitled to recover for oil delivered and not . paid for $763.90, and this judgment is not complained of, but that the defendants, Lee Bros., were entitled to recoup against such…
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