J. M. Hays Wood Products Co. v. Simmons Saddlery Co.

This is an action to recover a balance of $3507.58 for saddlery goods bought by defendant from plaintiff. The petition is in usual form, containing the itemized account. Defendant by answer admitted plaintiff’s account set out in the petition but sets up a count erclaim for $3219.12 as special damages, alleging that plaintiff breached a contract made with defendant on April 30, 1917, in failing to deliver to defendant certain goods on or before October 1, 1917.

Plaintiff’s reply is a general denial; the answer to the counterclaim is a general denial, and there is a special denial of the…