Caudill v. Finley Bros.

Opinion op the Court by

Judge McCandless

Affirming.

V. B. and D. D. Finley sued S. F. Caudill and I. C. Wilson as partners under the firm name of the Cumberland Dairy Company, to recover $565.28 balance on account for milk. The defendants denied that S. F. Caudill was a partner or indebted at all to plaintiffs, and in a counterclaim Wilson alleged that plaintiffs had charged 35 cents per gallon for sweet milk, whereas the contract price was only 25 cents per gallon, and sought an abatement for this sum. He also alleged that the milk furnished was of an inferior quality and impure, and that the…