Ginsberg v. Selbest Dress, Inc.

YOUNG, Justice.

The suit below was on verified account for balance of $2,951.82 admittedly due on the trial, subject to defendant Ginsberg’s claim of offsets by way of cross-action. Following a jury verdict, appellee as plaintiff recovered judgment in amount sued for and interest, with resultant appeal.

The affirmative matters pled in aforesaid cross-action are sufficiently reflected in jury issues and answers, viz.: (1) That some of the dresses shipped by Sel-best Dress, Inc., to Ginsberg were defective; (2) the dresses returned by Ginsberg to Selbest were not returned for the purpose of…