Cerealine Manufacturing Co. v. Bickford

Miller, J. —

The appellees sued the appellant on account. Answer that the goods were warranted, and that there had been a breach of the warranty ; also a paragraph of counterclaim was filed by the appellant against the appellees, counting upon the breach of warranty, and asking an affirmative judgment for a large sum.

The action was commenced August 23d, 1887, and, having been regularly set for trial at the May term, 1888, was continued, on affidavit and motion filed by the appellant, on account of the absence of Joseph F. Gent. On the 1st day of October, 1888, the appellant applied for a…