Mumford v. Dickert & Myers Sulphur Co.

Henderson, J.:

This cause was brought in justice’s court by respondent for a balance claimed to be due on a contract for the delivery' of brick. The defendant, in its answer, claimed that 4,500 of the brick claimed to have been delivered by the plaintiff were not of the quality agreed to be delivered, and were utterly worthless; alleged a tender of $31, *477and accompanied its answer with that amount paid into court. Judgment was rendered on trial in justice’s court in favor .of plaintiff for the amount claimed, and defendant appealed to the district court, where the case was again tried, before…