Buford & Co. v. Funk

Opinion by

Geubnb, J.

Furgus Buford & Co., commenced this suit against Henry Funk, on an account for an engine and sundry items from their machine shop. Defendant’s answer sets forth a special contract and claimed damages, on the ground that the engine had not been furnished according to contract. The replication *494admits the contract, and claims that plaintiffs performed the work therein specified with such variations as were subsequently agreed to between the parties. It also denies all new allegations set forth in the answer. We learn from the bill of exceptions, that on the trial, before any…