Cato v. Williamson

Plaintiff in the court below brought suit to recover a sum claimed as balance due for cutting cross-ties under a special contract. Defendant pleaded the general issue, *and in short by consent, with leave to give in evidence any matter which may be specially pleaded; and the plaintiff had like leave to reply. Under such pleading and the evidence, the defense was that of the general issue and set-off and recoupment.

The defendant contends that plaintiff guaranteed the ties “to pass on inspection.” The position of the plaintiff is there was no such agreement; that the contract was that the…