Beers v. Flock

The appellant sued the appellee, alleging an indebtedness of the latter to the former for ten tons of hay, sold and delivered at a certain agreed price per ton.

The appellee answered by general denial and by other paragraphs, to which the appellant replied by denial. The appellee also filed a counter-claim, to which the appellant pleaded a denial.

A jury returned a verdict for the appellee on his counterclaim, assessing his damages at $44.60.

The court overruled the appellant’s motion for a venire de novo and his motion for a new trial.

It is insisted on behalf of the appellant that the verdict…