Ohio River Contract Co. v. Smith

Poffenrarger, Judge:

Rulings upon instructions and evidence, the correctness of which depends largely upon principles of the law of sales, are the major subjects of complaint on this writ of error to a judgment for $669.38, in an action of debt for the alleged contract price of certain steel sheet piling, defense to which was made under the general issue and a special plea of set-off for freight on the piling, paid by the defendant.

The contract out of which the controversy arose was a verbal one and is to be deduced from the highly conflicting testimony of three witnesses for the plaintiff,…