Nestos v. White

In his complaint in this action, plaintiff alleged that, within six years, by written contract, and within three years, by oral contract, he had sold and delivered to defendants timber of the reasonable value of $23,843.23, of which a balance in the sum of $3,465.73 remained unpaid, for which sum, together with taxes in the sum of $75.38, which plaintiff alleged he had paid, and allowing defendants a credit in the sum of $114.06, plaintiff prayed for judgment.

Defendants answered, in effect admitting the purchase, but setting up a counterclaim, based upon an alleged partial failure of…