Tulsa Stove & Foundry Co. v. Karchmer

BENNETT, C.

The parties to this appeal will be referred to as they appeared in the trial court. Defendant is plaintiff in error. Plaintiff sued to recover price of a carload of scrap iron sold to defendant about May 15, 1927, for $12 per ton. The defense is that a large part of the scrap iron was unfit for the purpose for which it was bought and did not comply with the contract. Defendant, by cross-petition, claimed $1,000 damages against plaintiff for profits defendant alleges he would have made by the manufacture of -the material if. it had been- as represented.

The suit was for- $742.16. A…