U. S. Theatre Supply Co. v. Creal

Goss, G. J.

Plaintiff, described as a corporation, sued defendants, described as a copartnership, on account for goods, wares and merchandise. Defendants answered, admitting the allegations of the petition, and then each defendant claimed a set-off on account of a certain note. Plaintiff demurred to the set-off; the demurrer was sustained; judgment was rendered for plaintiff on its account, motion for new trial was overruled, and defendants appealed.

The pleading of defendants is entitled “Answer and Set-Off.” In three lines the answer admits on behalf of each defendant the allegations of the…