Daniels v. United States Rubber Co.

LESTER, Chief Justice.

This suit was brought by the United States Rubber Company against Louis Daniels to recover from him an amount alleged to be due it for tires sold to him, for which he had not paid. Mrs. M. L. Levine and Mrs. Juie Levine Daniels were guarantors on the contract between Daniels and the Rubber Company.

Appellant Daniels answered appellee’s petition with a counter claim, alleging that he was entitled to certain discounts, tire adjustments, etc., for which he had not received credit. The court, without application of either party but upon its own motion, appointed an auditor to…