Kitterman v. Eagle Pine Co.

This is an action to recover balance alleged to be due on the purchase price of twenty-carloads of lumber sold to defendant. In defense thereto an answer was filed alleging, by way of recoupment and counterclaim, damages sustained on account of breach of warranty as to quality. There is no dispute between the parties with reference to the amount of lumber delivered nor the' agreed price therefor, but defendant asserts that it did not conform to the contract of sale in respect to quality. The case was submitted to the court, without a jury upon a stipulation of facts, and judgment was rendered…