Darlington v. Fredenhagen

Bailey P. J.

This was a suit in assumpsit, the declaration consisting only of the common counts. The defendants pleaded non-assumpsit and filed with their plea a notice of set-off, and at the trial before the court and a jury, the plaintiff, recovered a verdict and judgment for fifty dollars.

The evidence shows that in October, 1882, Fredenhagen, the plaintiff, consigned to the defendants, who were commission merchants in Chicago, two car loads of sheep and lambs and one hull, to be sold by them in the Chicago market. The plaintiff’s evidence tended to show that the number of sheep and lambs…