Ogden Commission Co. v. R. Campbell

Tbe plaintiff sued tbe defendant for $180.92 for tbe balance of an account for peacb baskets sold and delivered and for money lent to defendant. Tbe defendant put in a counterclaim alleging that be bad sold and delivered 1,500 bushels of peaches to plaintiff upon the terms that plaintiff would pay him 75 cents per bushel therefor, and, “in tbe event that said peaches when sold would warrant same, tbe plaintiff would pay tbe defendant any additional sums for which said peaches would sell for over and above tbe costs of tbe baskets and tbe plaintiff’s commission”; that plaintiff bad delivered…