Taylor v. Southwick

On motion for a rehearing, the original opinion herein rendered January 31, 1927, is withdrawn and this one substituted. The result reached is the same as before.

This action was instituted to recover $325.50 alleged to be due the plaintiff from the defendant on open account. The defendant answered, admitting all of the allegations of the plaintiff’s complaint, and by way of counterclaim sought to recover a balance of $57.10 alleged to be due him from the plaintiff after allowing a deduction of the amount of the defendant’s admitted indebtedness to the plaintiff. A demurrer was filed to the…