Auslander v. Shore

Opinion by

Porter, J.,

This is an action of assumpsit to recover for goods sold and delivered. The defendant filed an affidavit of defense asserting that a part of the goods were not according to sample and offering to return one hundred and thirty-one dozen Christmas tree holders. He subsequently filed a supplemental affidavit of defense averring that during the pendency of the action he and the plaintiff had entered into an agreement to compromise and settle the action, the defendant agreeing to pay the sum of $100 and return the tree holders in dispute, but that the plaintiff had failed and…