Birdsong v. Azar

Appellants sued appellees to recover the sum of $137.25, the alleged agreed price of certain merchandise sold and delivered to appellees on May 27, 1920.

Appellees answered that upon another date they purchased 605 pounds of almonds from appellants at an agreed price of 52 cents per pound, and paid therefor; that after-wards, upon receiving the almonds, it was discovered that 293 pounds of them were so rancid and wormy that they were worthless and unsalable and had to-be thrown away; wherefore appellant was indebted in the sum of $151.36 to appellees, which was pleaded in set-off.

Upon trial…