Wilson v. Wagar

Christiancy, Oh. J.

Plaintiffs in error sued defendant in error in an action of assnmpsit, declaring upon the common counts only, and furnished the following bill of particulars of their demand: “June 1st, 1870. One steam engine boiler, sold

and delivered by plaintiffs to defendant________________________- $1,100 00'

“ “■ One steam boiler front, sold and delivered by plaintiffs to defendant, 100 00

“ “ “ One balance-.or fly-wheel to steam engine, sold; and delivered as aforesaid..................... 100 00”

The defendant pleaded the general issue, and gave notice of set-off, and also gave notice;…