Cosby-Hodges Milling Co. v. Riley

BROWN, Justice.

Action of assumpsit on the common counts for merchandise, goods, and chattels sold by the plaintiff to the defendant.

The defendant pleaded in short by consent, the general issue, set-off, recoupment, and failure-of consideration.

There is no dispute in the evidence that defendant purchased the goods constituting the items of the account, and that some part of the indebtedness was due. The plaintiff claimed a balance of $166.60, while defendant's books showed a balance of only $153.

The defendant’s contention on the trial was that he suffered a loss in consequence of the breach of…