Madison Mercantile Products, Inc. v. Frank IX & Sons, Inc.

SMITH, District Judge.

The plaintiffs brought suit against the defendants to recover the sum of $6,465.96 allegedly had and received by the defendants under a certain agreement, designated as Contract No. 664. The defendants filed an answer and counterclaim in which they denied their liability to the plaintiffs, although admitting receipt of the said sum, and asserted a claim against the plaintiffs for $10,000. The counterclaim, which alleges a breach of warranty, is likewise based upon a certain agreement, designated as 'Contract No. 3692.

This action is before the Court at this time on the…