Parry Manufacturing Co. v. Tobin

Cassoday, 0. J.

This action was commenced in a justice’s oourt to recover $82 and interest as the balance due to the plaintiff company from the defendant, Tobin, for forty-four vehicles ordered by him from the company in 1897, and shipped by the company from Indianapolis to the defendant at New Richmond. The company recovered judgment before the justice, and Tobvn appealed to the circuit court. Thereupon Tobin amended his answer by way of denials, admissions, and counter allegations, claiming damages by way of recoupment and counterclaim for breach of the printed warranty contained in the…