Hodge v. International Derrick & Equipment Co.

McCORD, Circuit Judge.

Plaintiff, International Derrick and Equipment Company, brought this suit against T. F. Hodge, and four other named defendants, to collect a balance of $3,SSL-44, plus interest, alleged to be due from them on an open account.

Defendants, in answer, admitted the correctness of the account as to both itemiza*897tion and price, with the later exception of four items valued at $703.24, but averred by way of defense that the equipment bought from plaintiff, and for which the amount claimed was due, was unsuited for the purpose for which it was manufactured, held out and sold; that…