Swartz v. Linn

The opinion of the court was delivered by

Marshall, J.:

Thé action is one on account to recover a balance •of $764.60 claimed to be owing by the defendant to the plaintiffs for .automobile tires, sold by the plaintiffs to the defendant. The defendant set up a counterclaim to recover a balance of $646.35 •claimed to be due from the plaintiffs to the defendant as a rebate to be deducted from the purchase price of the tires sold by the plaintiffs to the defendant. The counterclaim of the defendant was allowed by the jury, and the verdict was returned in favor of the plaintiffs for the difference…