Lippincot v. East River Mill & Lumber Co.

The plaintiff instituted this action to recover the value of merchandise' sold to defendant at his request. The defendant by its answer admits the plaintiff’s claim, but alleges as a defense to the plaintiff’s cause of action a counterclaim in the sum of $500 as damages sustained by the defendant on the failure of the plaintiff to comply with a certain agreement for the delivery of certain lumber at a fixed price. On the trial hereof, after both sides had rested, the plaintiff moved to dismiss the counterclaim and for a direction of a verdict for the sum of $932.18, inclusive of interest,…