W. P. Simpson Co. v. Crompton-Richmond Co.

Appellant, defendant in the trial court, seeks review of an adverse judgment entered by the trial court pursuant to a motion for a judgment N.O.V., in an action for monies due for goods sold and delivered.

The appellant ordered certain carpet from the appellee for a total price of $11,444.57. The appellant received a credit of $1,586.05, leaving a balance due of $9,858.52. Upon receipt of the first of several deliveries of the goods, it became apparent that they were not up to quality and the appellee was so notified. The goods were ultimately sold retail to third persons, and the parties…