Aetna Chemical Co. v. Spaulding & Kimball Co.

This is an action of contract to recover for goods both sold and delivered after the Uniform Sales Act took effect. Defendant pleaded general denial, payment, set-off with declaration and specification, and special plea alleging failure of consideration and non-performance of the contract by plaintiff. At the close of the evidence a verdict was directed for plaintiff to recover its claim amounting to $542.18, with costs. The case is here on defendant’s exceptions.

Defendant, a corporation, is engaged in the wholesale mercantile business at Burlington, selling goods to the trade, its customers…