Hafale v. Canfield Manufacturing Co.

Appellee brought this suit to recover of appellant the sum of $180 alleged to be due upon open account for goods, wares, and merchandise delivered to defendant to be sold on a commission basis, it being alleged that the defendant agreed to remit 60 per cent, of the selling price and to return the goods if same were not sold; that the defendant had failed to remit any part of the purchase price and refused to return any of the goods.

The defendant answered as follows:

“That the list of articles included in the sworn account filed herein is approximately correct, but that the same were shipped to…