Berryman v. Highway Trailer Co.

Plaintiff, by his mother and next friend, brought suit for the rescission of a sales contract made with defendant for the purchase of a highway trailer and for the recovery of $450.71 paid on account; defendant filed a plea of recoupment asserting damages to the trailer while it was in possession of plaintiff. Upon trial by the court plaintiff’s damages were assessed at $450.71; the court also found for defendant on its plea of recoupment and assessed its damages for the same sum claimed by plaintiff, namely, $450.71. Plaintiff appeals from the judgment on the findings.

April 29, 1938,…