Nitro Powder Co. v. Kearns

The complaint of the plaintiff (who is plaintiff in error here), in substance, alleged, that it sold and delivered goods, wares and merchandise to the defendant between September 26th and November 4th, 1904, of the reasonable value of $900.00, for which said defendant promised and agreed to- pay said sum, and that said defendant had not paid said sum or any part thereof. The answer contained: first, a general denial; second, by way of a separate defense, it alleged that some time in the year 1904, defendant purchased from one Maclean certain powder of the value of $900.00, for which he agreed…