Bradley & Vrooman Co. v. Summer

The opinion of the court was delivered by

Johnston, C. J.:

The only question raised by this appeal is the validity of an award of costs in favor of defendant when the court had given judgment in favor of plaintiff upon a part of its claim.

Plaintiff sued the defendant for $427.41, alleged to be due upon an account for paint sold by it to the defendant. The defense was that the paints were represented to be of a certain quality and that an agreement had been made that if they were not up to that standard the defendant had the right to return the same. Defendant •claimed that when the paints were…