J. F. Darmody Co. v. Moss

Remy, J. —

Action by appellant, a wholesale dealer in candies, against appellee on account. To the complaint, appellee, as defendant, filed a pleading designated as a cross-complaint, it being in the nature of a set-off, by which pleading- he admitted that the account sued on was correct, due and unpaid, but alleged that on a date previous to the purchase of the goods represented by the account sued on, appellee had placed an order with appellant for a certain bill of merchandise, the purchase price to be $51.65; that when the goods were delivered, they were unfit for the purpose for which…