Tracton v. A & O Novelties Co.

Plaintiff sues upon a cause of action for goods sold and dehvered, to recover a balance due of $5,741.42. Defendant manufacturers artificial Christmas trees, Avhich are placed in pots supplied to it by the plaintiff’s assignor. The defendant claims that to some extent the materials delivered to defendant were defective and required further working by it, and consequently in the original answer it set forth a counterclaim representing the cost to it of putting the pots in shape.

On plaintiff’s motion for partial judgment, he deducts the amount in suit under the counterclaim, in the sum of…