Price v. Kobacker Furniture Co.

The Kobacker Furniture Co. brought an action against Charles Price in the Toledo Municipal Court to recover on an account for goods sold and delivered. The Company did not receive full judgment on their account and further prosecuted their action to the Lucas Common Pleas; and in addition to the action on goods sold and delivered, set up a chattel mortgage and averred a breach thereof and asked for a money judgment on foreclosure.

Attorneys — Brumback & Brumback for Price; Tyler, McMahon & Smith for Furniture Co.; all of Toledo.

Price set up a counterclaim whereby he averred that because of the…