William J. Lemp Brewing Co. v. McDougle

GILL, Chief Justice.

Plaintiff in error sued defendant in error to recover the value of certain bar fixtures and also to recover upon a contract which defendant is alleged to have made for the benefit of plaintiff in error. The defendant in error reconvened for $1,000, the" alleged value of a carload of beer which he avers belonged to him, but was converted by plaintiff in error. The trial court allowed $250 of plaintiff’s claim, but allowed defendant’s reconvention to the extent of $775, and gave him judgment for the difference.

Plaintiff’s supplemental petition contained an exception to the…