Stange v. Price

Opinion of the Court by

Judge Quin

Reversing.

This action was instituted by the Western Tin & Japan Manufacturing Company, as a corporation, -seeking to recover a balance due on account for merchandise sold defendant (appellee). The answer was made a counterclaim, in which, after denying the material parts of the petition, defendant claimed certain credits to which he was entitled in the way of freight charges, etc. A reply made up the issues. Thereafter defendant filed a plea in abatement shortly after the discovery by him of the fact that plaintiff was not a corporation. On the same day an…