Ramsdell Packing Co. v. Cohen

Hughes, J.,

The plaintiff’s statement of claim avers that the defendants, by oral contract, purchased merchandise totaling $390, and this merchandise was delivered, received and accepted by the defendants. Paragraph 3 of the the plaintiff’s statement of claim sets forth: “On account of said total purchase price of $390, defendants are entitled to a credit of $22 for freight, leaving a balance due of $368, with interest, as above stated, all of which is now due and payable from defendants to plaintiff.”

The defendants’ answer admits all the averments of the plaintiff’s statement of claim except…