AA Gilbert Pipe & Supply Company v. Cassard

McCALEB, Justice.

Plaintiff is suing to recover $6,012.83 (plus interest and certain attorney’s fees) which is the alleged balance due on the price of secondhand pipe purchased by defendant from plaintiff in December, 1957. Defendant admits the purchase of the pipe but contends that some of the pipe was defective and asks for a diminution of the price in the amount of $3,120.25. Defendant deposited in the registry of the court the sum of $2,912.58, which he claims is the total amount owed on the pipe, plus $20 to cover all costs of court up to the time of deposit. The district court gave…