Rounsaville & Brother v. Leonard Manufacturing Co.

1. The court did not, as alleged in the cross-bill •Of exceptions, err in construing the answer of defendants as setting up two separate and distinct defenses, and in refusing, upon demurrer, to strike the answer in its entirety. Properly construed, the answer set up fraud in the procurement of the order, whereby the defendants were induced to sign a written order for 250 gross of buttons, when they had really only agreed to purchase twelve gross of the same; and also notice to plaintiff, before the goods were shipped, that defendants would not accept and pay for them. While the plea did not…