Long v. Harbison & Gathright

Opinion of the Court by

Judge Rees

Affirming.

Appellant is a merchant doing business under the name of Matt J. Long Mercantile Company and the appellee, a corporation, is a wholesale manufacturer of and dealer in harness and saddlery. Appellant, on April 19', 1923, purchased from appellee certain articles'of merchandise for which he agreed to pay $129.45. On January 11, 1924, appellee instituted an action in the Breathitt .quarterly court for the collection of the account. Appellant filed an answer and counterclaim in which he admitted the purchase of the goods, but alleged that among the…