Queen Incubator Co. v. Merrell Co.

In this error proceeding, the parties occupy the same respective positions as in the court below, and will be referred to as the plaintiff and defendant.

Plaintiff brought an action in the court of common pleas of Lucas county to recover the purchase price of 25 brooder stoves. Upon trial, it was conceded that the plaintiff had a right to recover therefor, and the finding of the jury is for the full amount of the plaintiff’s claim upon the petition. The defendant, however, filed a cross-petition in which it set forth that the plaintiff and defendant had entered into a contract by which the…