Diamond Rubber Co. v. Feldstein

Pee Ctjeiam:.

The plaintiff sued on a book account. The defendant counter-claimed for breach of contract and resulting damages. The jury returned a verdict of no cause of action on the plaintiff’s action and a verdict of $9,326 upon the defendant’s counter-claim. The matter came before the trial judge on rule. The defendant consenting, a judgment was entered for the plaintiff in the sum of $77.15, the balance due on the book account, after conceding certain credits. Judgment in favor of the defendant was reduced to the sum of $2,000 and so entered.

The first ground of appeal is the refusal of…