Smith Typewriter Co. v. McGeorge

This is an appeal by the defendant from an order setting aside a judgment rendered in his favor. The facts are that the plaintiff sold and delivered to the defendant typewriters and supplies therefor of the agreed value of $927; no part of which having been paid, this action was instituted to recover that sum, the complaint being in the usual form. The answer admitted most of the averments of the initiatory pleading, but denied that any sum w.as due from the defendant to the plaintiff. For further defenses it was averred, in effect, that on October 1,1912, the plaintiff appointed the…