Gross Bergman Manufacturing Co. v. Feil

These parties appear here in the same order as in the trial court, hence we refer to them as plaintiff and defendant.

This suit was brought on a promissory note for $500. The indebtedness was admitted and alleged damages for breach of contract pleaded as a counterclaim. The defense was sustained and judgment for the difference, $659.90, was entered against plaintiff. To review that judgment it brings error and asks that the writ be made a supersedeas.

The question before us is the validity of the counterclaim and that depends upon the interpretation of a contract. Defendant had succeeded to the…