Kiser Co. v. Branan

M. C. Kiser Company sued W. EC. Branan for $378.80 principal, besides interest, as a balance of the purchase-price of certain shoes which the plaintiff had sold to the defendant on account. The defendant filed a plea of total failure of consideration. The entire account originally was $791.05, but payments in the aggregate of $412.25 were credited before the suit was brought. The shoes were purchased in June and July of 1920. On December 4, 1920, without notice or previous complaint, the defendant undertook to return to the plaintiff a portion of the shoes, the invoice price of which amounted…