Harber Bros. v. Moffat Cycle Co.

This was a suit in assumpsit, brought by the Harber Brothers Company against the Moffat Cycle Company, to recover damages for breaches of a contract for the sale and delivery of personal property. The defendant pleaded nonassumpsit and set-off, and on trial before the court, without a jury, the issues were found for the defendant, and its damages under its plea of set-off were assessed at $1,059.26, and for that sum and costs the defendant had judgment. On appeal to the Appellate Court the judgment was affirmed, and by a further appeal the judgment is now brought to this court. In deciding…