Lorick & Lowrance v. Julius H. Walker & Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action upon an account for goods sold and delivered- — -a lot of lime to be used by the defendants in the construction of brick veneer work upon a dwelling house in course of construction — amounting to $1,346.06. The defendants admitted the sale, delivery, and price of the lime, but set up a counterclaim for $1,297.00, damages alleged to have been sustained in having to tear down much of the veneer work on account of the worthlessness of the lime. The issue was sharply drawn between the parties whether the failure of the mortar to…