Avil Printing Co. v. Fred P. Kaiser Publishing Co.

The petition is in two counts; the first is for work and labor performed and material furnished in printing and binding certain boobs for defendant; the second is for labor in cleaning and shipping to defendant certain plates. The plaintiff recovered judgment on both counts, from which no appeal was taken. The appeal is by plaintiff from a recovery by defendant of fifteen hundred dollars on its counterclaim. The substantive part of the counterclaim is as follows:

“That on or about the first day of November, 1903, defendant was the owner of certain property, to-wit, 9,379 volumes of a certain…