McCollum v. Huntington

This was an action by the appellee against the appellants,'to recover the price of goods sold and delivered. Answer:

1. General denial.

2. Payment.

*2303. Counter-claim.

4. The like.

Demurrer to the third and fourth.paragraphs. Demurrer sustained to the fourth, and overruled as to the third. Reply to second and third paragraphs. Trial by the court and finding for the plaintiff. A motion for a new trial was overruled, and judgment rendered on the finding.

Errors are assigned upon the ruling of the court in sustaining the demurrer to the fourth paragraph of the answer, and in refusing to grant a new…