Weatherspoon v. Stackland

This is an action to recover balance alleged to be due on the sale and delivery to defendant of two cars of apples. Judgment was demanded for $1,757.70 together with interest thereon at the rate of 6 per cent per annum from the twentieth day of November, 1927. The answer, so far as material to the consideration of the question presented on this appeal, put in issue the amount alleged by plaintiff to be due. In addition to three separate counterclaims for damages arising out of shipment of apples, defendant also alleged a payment of $1,000 which plaintiff failed to include in his complaint.…