Kiser Co. v. Mendel Department Store

The Kiser Company made a shipment of shoes to the defendant at the invoice price of $461.50. The goods were sold under an implied warranty. Defendant kept and used all of the shipment except a remnant, the invoice price of which amounted to $51. This remnant of shoes he undertook to return to the vendor. The suit is for the unpaid balance of the original invoice, amounting to the said sum of $51. The defendant pleaded failure of consideration, and on the trial of the case testified that he had returned the unsold remnant in order to “balance the account.” He testified that the returned goods,…