Milliken v. Skillings

The plaintiff brought this action on account annexed to recover a balance of $310.29 for 355 cases of canned corn, being 710 dozen cans, sold and delivered under the following agreement signed by him September 4, 1893:

“I do this day agree to sell to Red Brook Packing Co. my Sweet Corn at $1.00 per doz. warranted to be in good condition with the conditions:

1st. To pay for cans $21.00 per M.

2d. “ “ “ labels, $ 2.40 “ “

3d. “ “ “ boxes .09 apiece.

To be taken out of $1.00 per doz.”

The defendant filed an account in set off amounting to $405.78 for cans, boxes and labels furnished, and $126.13 in…