Ernest Wiemann Iron Works v. Hoerner Boxes, Inc.

JACKSON, Justice.

The plaintiff, Hoerner Boxes, Inc., brought this action on open account against the defendant, Ernest Wiemann Ironworks, to recover a balance of $900 allegedly owing for an order of shipping cartons.

Defendant filed an answer and cross-petition admitting the $900 balance but alleging that plaintiff was liable to it in the amount of $2,826.81 by way of damages for breach of warranty in connection with the sale of said cartons. Defendant prayed judgment on its cross-petition for the difference of $1,926.81.

The evidence as to breach of warranty was conflicting. The jury returned…