Hindry v. McPhee

*399We find nothing very perplexing in this ease. The appellees sued the appellant to recover a balance of $1,887.78, alleged to be dne on sales of merchandise. The merchandise was cement. The answer admitted the sales, but denied that the goods were of any value; and, by way of counterclaim, averred that the cement was purchased to be used in the construction of certain sewers under a contract between the defendant and the city of Denver; that the plaintiffs agreed to furnish to the defendant all the cement required for the work at $1.10 per barrel, the amount necessary being not less than 7,000…