Fairbanks, Morse & Co. v. Carson-Muse Lumber Co.

*347Opinion op the Court by

Judge Settle

Beversing.

This action was instituted by the appellant, Fairbanks, Morse & Company, in the Whitley Circuit Court to recover of the appellee, Carson-Muse Lumber Company, $350.00, the purchase price of a steam-engine, and $18.55, freight paid thereon. The appellee’s answer, without controverting these demands, set up a counterclaim for $1,103.50 damages, alleged to have been caused it by a delay of fifteen days in the delivery, on board of cars at Cincinnati, Ohio, of the engine by the appellant for shipment to its stave manufactory. To this answer and…