Burlington & Missouri River Railroad v. Harris

The action in the district court was to recover the price of a span of horses purchased by the defendant *141from the plaintiff. In his answer the defendant admitted the sale of horses to him as alleged in the petition, but, as a defense to a recovery and set-off, set up that they were taken by him in part payment of an account which he had against the plaintiff for sundry .moneys advanced by him while in its employ, and on which he claimed a judgment for a balance ¿remaining unsatisfied.

The plaintiff in general terms replied that the defendant had been paid in full for all moneys so advanced by…