McGraw Tire & Rubber Co. v. Barton

MORIARTY, C.

The appellant 'McGraw Tire & Rubber Company sued the respondents 'for $1,392.36 alleged to be due as a balance of account for goods purchased from appellant by Barton Bros. Tire Company.

The answer admits the purchase of the goods, and that the balance due upon the invoice price of the goods would be the sum claimed in the complaint, except for offsets and counterclaims, as follows:

First, that the defendants Barton Bros, purchased of the plaintiff rubber tire castings for which they paid plaintiff $20,000; that said casings were represented to be high-grade, first-class tires and…