Tingwall v. Wilson

ADAIR, District Judge.

Appellant brought suit to recover on a small open account for merchandise sold and delivered. Respondent admitted this account, but filed two counterclaims, one for damages resulting from breach of contract, and the other for an amount due on the purchase' price of a crop of potatoes. A motion for nonsuit on the first counterclaim was overruled and thereafter the jury brought in a verdict against appellant for the sum of $80.29, and this appeal is from the judgment based thereon.

The many assignments of error, grouped together, raise three principal questions, namely, the…