Sohn v. Jervis

The appellant instituted this action to recover the price of one hundred bushels of potatoes which he alleged were sold and delivered to the appellee under a written contract made by telegraph.

The second paragraph of the answer is good as an argumentative denial, for it denies the delivery of the potatoes to the appellee, and there was, therefore, no material error in overruling the demurrer. The second paragraph was unnecessary but harmless. As no injury resulted to the appellant on this ruling, it can not be deemed a sufficient ground to justify a reversal.

Complaint is made of the ruling of…