McMurray v. Vaughn's Seed Store

The questions here presented arise out of the claim made by the defendant against the plaintiff by way of cross-petition, denominated therein a “set-off.” The averments thereof clearly constitute it an action for damages for alleged negligence upon the part of the plaintiff. Two specifications of negligence are made, the first being that plaintiff shipped to the defendant a ton of shredded cattle manure in soda ash bags which had not been completely cleaned, and the second, that the plaintiff failed to inform the defendant of the presence of soda ash in such cattle manure. It was asserted…