Smith v. Southside Manufacturing Co.

The Southside Manufacturing Company brought suit against Smith upon an open account for 1600 peach crates at fifteen cents per crate. The defendant filed certain pleas of recoupment, in which he set up damages resulting to him from the failure *78of the plaintiff to comply in certain particulars with the contract of purchase of the crates. The jury returned a verdict for the plaintiff for $40, and the defendant moved for a new trial. The motion was overruled, and he excepted. The evidence made out the following case: The defendant, on June 21, 1898, by letter from Wellston, Georgia, ordered of…