Campbell v. Chitwood

Opinion op the Court by

Judge Carroll

Affirming.

Chitwood sued Campbell for $455 alleged to be due on a lumber contract. Campbell, in his answer, admitted that he owed Chitwood $21 on account of the matter set up in the petition, but, in a counter-claim, averred that Chitwood owed him $80, for failure to deliver to him for sale 80,000 feet of lumber, and the further sum of $256 for keeping accounts connected with the lumber, *639and he asked judgment over against Chitwood. The reply was a denial of the affirmative matter in the answer.

On a trial of the case before a jury there was a verdict and…