Heinrich v. Kirby

MR. COMMISSIONER COMER

prepared the opinion for the court.

The facts in this case may be briefly summarized as follows: Plaintiff and respondent, Frank M. Heinrich, commenced an action in the district court to recover from Charles N. Kirby, defendant and appellant, the sum of $9,000 for certain cattle alleged to have been sold him. Defendant answered, denying he purchased any cattle from the plaintiff and alleged if any were purchased, the purchase was made by him and George B. Kirby jointly as copartners. As a counterclaim, defendant set up certain alleged • claims of the copartnership against…