Michelin Tire Co. v. Schulz

Opinion by

Me. Justice Walling,

The Michelin Tire Company, a corporation located in New Jersey, is engaged in the manufacture and sale of automobile tires, while defendant, Otto E. Schulz, is a dealer in such tires at Philadelphia. Defendant bought quantities of tires from plaintiff, under sundry written agreements, during the years 1926 and 1927, and this suit is for a balance of $3,894.97 due thereon. Defendant admits the purchase, receipt and retention of the tires, but interposes a counterclaim of $5,873.80, on account of their alleged lack of durability. To this plaintiff filed a reply in…