Legal Opinion

Arco Co. v. Garner & Co.

Tennessee Supreme Court

Decided December 15, 1920PublishedCited by 12 opinions

FROM WILLIAMSON. Appeal from the Circuit Court of Williamson County to the Court of Civil Appeals, and by certior,W)~i to the ¡Court of Civil Appeals from the Supreme Court. — Hon. J. C. Hobbs, Judge.

1Opinion of the CourtJustice McKinney

The plaintiff, the Arco Company, sued the defendants, (Jarner & Co., on an account in the sum. of $87.50' for one barrel of paint purchased from it on June 18,1917.

The defendant did not deny the account, but filed the following plea to wit:

“For plea the defendant says that the plaintiffs are indebted to them for and on account of the price of two barrels of paint in the sum of $86.25, and they plead this indebtedness by way of set-off, and in recoupment, against the account and claim sued on.”

The facts supporting said plea are as follows: In August and September, 1.916, the defendants…

2Cases cited3 opinions

  1. Swift & Co. v. Memphis Cold Storage Warehouse Co.Tennessee Supreme Court · 1913
  2. Kirkeys & Son v. CrandallTennessee Supreme Court · 1891
  3. Brady v. WassonTennessee Supreme Court · 1871

3Cited by12 opinions

  1. Third Nat. Bank v. American Equitable Ins. Co. of New YorkCourt of Appeals of Tennessee · 1943
  2. Federal Sav. and Loan Ins. Corp. v. BurdetteDistrict Court, E.D. Tennessee · 1988
  3. Farmers Chemical Ass'n v. Maryland Casualty Co.Court of Appeals for the Sixth Circuit · 1970
  4. Wood v. Cannon CountyCourt of Appeals of Tennessee · 1942
  5. Farmers Chemical Association, Inc. v. Maryland Casualty Company, Farmers Chemical Association, Inc., Plaintiff-Cross-Appellant v. Maryland Casualty Company, Defendant-Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1970

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