C. E. Riley Co. v. Levy Overall Manufacturing Co.

Plaintiff in error was plaintiff below. On August 24, 1914, the defendant, in writing, ordered from plaintiff 75 bales 2.45 denims. The order was accepted and the goods were shipped, and were received and used by defendant. Before using, defendant returned 36 bales, which plaintiff received, and completed the order by de*262livering an equal number. No claim is made on this account. It stands that 75 bales were ordered, shipped by plaintiff; and received and used by defendant.

The agreed price amounted to $11,106.76. Defendant paid $10,728.04. The action was brought in the municipal court to…