Pferdmenges, Preyer & Co. v. Butler, Stevens & Co.

Cobb, J.-

This was a suit for the purchase-price of fifty-four bales of cotton alleged to have been sold for cash. The defense was that the sale was not for cash, that the plaintiffs were selling as brokers for Woodward & Company, and that the latter were indebted to defendants in a sum greater than the amount sued for, which was pleaded as a set-off. The trial-resulted in a verdict for plaintiffs for the amount sued for, and $150 attorneys’ fees.

1. There was no controversy as to the amount or price of the cotton. The evidence demanded a finding, not only that the plaintiffs were the…