Anthony v. Fulhart

Suit commenced, on an open account by the appellee, against the appellant, before a justice of the peace. Answer:

1. Denial;

2. Statute of limitations; and,

3. Set-off, in the form of a common count for goods sold and delivered, praying judgment in favor of the defendant.

Trial and judgment before the justice, in favor of plaintiff, for fifty-four dollars and eighty cents, and costs.

Defendant appealed to the circuit court, wherein the case was tried, and judgment rendered for the plaintiff for forty dollars and fifty cents. During the trial, the court allowed the defendant to amend his set-off by…