J. C. Wolf, Inc. v. Klein Bros.

This is a suit on an open account for $249.93, for goods alleged to have been sold and delivered. The defense s'et up in the answer is that the account was extinguished by the acceptance of checks payable at future dates, which checks were not due at the time of the filing of the suit.

Plaintiff’s evidence shows that the checks referred to in the answer were given in payment of a note for $i,100 and had no connection whatever with the open account sued on.

Defendant offered no evidence at all either in support of its contention or in rebuttal of the testimony of plaintiff.

From a judgment…