T. M. Partridge Lumber Co. v. Phelps-Burruss Lumber & Coal Co.

This action was commenced before a justice of tbe peace. The amount of plaintiffs claim is $95.60. Tbe case was appealed to tbe district court, where a trial was had to the court which resulted in a finding that there had been an accord and satisfaction, and a judgment dismissing the case. Plaintiff appeals to this court.

The action is founded upon the sale of a car-load of cedar telephone poles, the price of which was $570.30 delivered in Lincoln. Defendant paid $150.80 freight charges, and remitted $323.90, making a total of $474.70. One of the principal issues presented by the pleadings was…