Barnsdall Refining Corp. v. Cushman-Wilson Oil Co.

GARDNER, Circuit Judge.

This is an appeal from a judgment entered in an action at law in which appel-lee recovered damages for the breach of a contract of sale. Appellant as plaintiff brought action to recover $17,622.69 on account for petroleum products purchased by appellee from appellant. The parties will be referred to as they appeared in the lower court. Defendant, in its answer, admitted plaintiff’s claim and pleaded a counterclaim for damages in excess of the amount due on plaintiff’s account. Plaintiff’s motion for a directed verdict having been denied, the case was sent to the jury on…