Vogelstein v. Pope Metals Co.

The complaint herein sets forth three separate causes of action. The iirst cause of action is for a balance due upon the sale and delivery of certain tin under a written contract calling for the delivery of the tin during the month of July, 1913. The defendant has since the beginning of this action paid to the city chamberlain the agreed price of, the tin, and subsequently, on the consent of the defendant, the city chamberlain paid this sum to the plaintiff. Upon the trial the defendant conceded that it stiff owed interest in the sum of $86.89 upon the amount of the agreed price, and…