Vandiver v. R. B. Wilson Company

Opinion op the Court by

Ohiep Justice Dietzman

Motion to dismiss appeal overruled.

In this action the appellee sued the appellant Van-diver on certain promissory notes. This appellant by his answer undertook to set up -a counterclaim and set-off for breach of warranty of a machine sold him by the appellee. The answer was several times amended. A demurrer being sustained to it as finally amended, Van-diver declined to plead further and his counterclaim and set-off were dismissed.

Shortly after the time of the entry of the judgment in the lower court dismissing Vandiver’s counterclaim nnd set-off,…