Nobles v. Southern Railway Company

Where the plaintiffs brought suit against the defendant railroad for unliquidated damages caused to three carloads of watermelons ■ delivered to the defendant for transportation to certain destinations, and the defendant filed a plea seeking a set-off ex contractu for the amount of a balance of freight and demurrage expense due it by the plaintiffs, and the parties went to trial on the pleadings without any demurrer or motion by the plaintiffs to strike the defendant’s plea of set-off¡ and verdict and judgment were rendered finding for the plaintiffs in a stated sum and also finding for the…