H. J. McGrath Co. v. Wisner

G. Herbert Wisner, a farmer, brought an action at law in the Circuit Court for Baltimore County against the H. J. McGrath Co., a Maryland corporation operating a cannery in that county, to recover under the common counts and under a special count for the sale and delivery of 10.99 tons of tomatoes at an agreed price of $28 per ton, of which a balance of $800 was alleged to be due and unpaid. The defendant filed general issue pleas, and a special plea of set-off, alleging that delivery was made pursuant to a written contract to deliver the whole crop; that the plaintiff delivered only a part…