Hoke v. Lowe

Opinion of the Court.

The declaration in this case filed by appellant against appellee contained three counts in indebitatus assumpsit— the first, for a mowing machine sold and delivered to defendant, and the second for goods sold and delivered, and the third for money paid out for defendant at his request. The pleas were the general issue, set-off, and former adjudication. To the last a demurrer was sustained and the cause was tried upon issue joined to the others. Eo evidence ivas offered in support of the plea of set-off. Verdict and judgment for defendant.

The County Court should have set…