Bradford Mills, Inc. v. Vic-Gene Manufacturing Co.

MORGAN, Judge.

Plaintiff filed suit for $869.44 alleged to have been the balance due from defendant for labor provided in manufacturing approximately 2,000 dozen orlon ladies sweaters. Defendant counterclaimed by asserting the sweaters were defective because they did not conform to the sample, were not merchantable and were not reasonably fit for their intended purpose. A jury was waived and judgment was entered for plaintiff on the petition in the. amount prayed for plus interest, or $1,032.43. Defendant did not appeal. Judgment was also entered for defendant on its counterclaim in the amount…