S. F. Hess & Co. v. Heegaard

The appellant, a corporation, sued the appellee for goods sold and delivered, upon an account substantially undisputed. The defense was a set-off exceeding the demand sued upon.

For the purposes of this opinion it is assumed that J. E. Avery was the general western agent of the appellant, and resident of Chicago, where the appellee was in business.

Cigarettes were the goods principally dealt in between the parties.

The appellant was a manufacturer in Eochester, H. Y., and a fierce competition was raging between it and a monopoly named American Tobacco Company, for the trade of buyers.

The…