Miller v. L. Wolff Mfg. Co. of Texas

Appellee sued appellant to recover $1,485.31 alleged to be due upon account. Writs of attachment and of garnishment were sued out and levied at the instance of appellee.

It appears that appellee was engaged in the wholesale business of selling plumbing goods and supplies, and that appellant was conducting a retail business in the city of Dallas, selling and installing such wares and materials.

Appellant, subject to certain demurrers considered in this opinion, pleaded an offset and counterclaim against appellee for $2,300 alleged to have accrued by reason of appellee's refusing to perform the…