Johnson v. Winship Machine Co.

The Winship Machine Company sued Johnson for the purchase-price of certain machinery sold to him. The defendant pleaded that the machinery was defective and valueless, and that the use of the machinery by him caused a fire by which his gin-house, cotton, and other machinery were destroyed, damaging him in the sum of four thousand dollars, for which he prayed judgment. At the trial the judge directed the jury to deduct one dollar from the principal amount sued for, and return a verdict in favor of the plaintiff for the balance. Defendant filed a bill of exceptions, assigning error upon the…