Miller v. Thayer

*356The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff sought to recover possession of a stock of merchandise which he had transferred to the defendant in exchange for real property. In his answer the defendant alleged fraud on the part of the plaintiff and set up damages as a counterclaim. Judgment was rendered in favor of the defendant for $6708.40. The plaintiff appeals.

An opinion on a different question in this case is found in Miller v. Thayer, 96 Kan. 278, 150 Pac. 537.

The plaintiff owned a stock of goods in Salina. The defendant owned real property in Elk…