Herz Straw Co., Inc. v. Capitol Paper Co.

Appellant sued the appellee for $1,050 for merchandise sold and delivered to the appellee. Appellee answered by way of set-off that the account was for $875, and that it was entitled to a credit for $860.25, leaving unpaid a balance due of $14.75, which it had tendered into court.

We shall briefly summarize the allegations of appellee’s affirmative answer. In 1931 appellee purchased from the appellant and paid for a quantity of soda straws.. The appellant’s salesman stipulated in the appellee’s order: “Floor stock guaranteed against our decline to July 1, 1932,” and in the acknowledgment of…