Mansur-Tebbetts Implement Co. v. Willet

Opinion of the court by

Buewell, J.:

This is an action commenced in the district court of Kay county by the Mansur-Tebbetts Implement Company, a corporation, against George R. Wil-let, for the sum of $88.40, as liquidated damages, on account of the defendant’s refusal, to receive, pursuant to a certain contract, nine buggies, which the plaintiff had sold to him. The defendant answered setting up a set-off for $119.35. To this answer the plaintiff filed a general denial. The case proceeded to trial and when the plaintiff rested, the defendant, by leave of court, dismissed without prejudice his…