Kouhn v. Schroth

To this suit upon a promissory note, made by plaintiff in error, a plea of set-off was interposed for damages sustained by the plaintiff in error by reason of the defective and unseasoned condition of some mill-worked gum-wood lumber furnished by the defendants in error, and used by plaintiff in error in the construction of a dwelling house. The note in question was given for a balance due for said material.

The only evidence of what the contract between the parties was in relation to the quality and condition of the lumber to be furnished, is found in the testimony of the plaintiff in error…