Vaccaro Bros. v. Farris

Meredith, Judge:

Plaintiff sued in assumpsit to recover $906.10, with interest from July 17, 1919, being the purchase price of a carload of bananas, with initial icing charge. Defendants pleaded non-assumpsit and filed notice of recoupment. The jury returned a verdict in favor of plaintiff for $600-; plaintiff made a motion to^set aside the verdict and award it a new trial, claiming it was contrary to the law and the evidence, and assigns various other errors. The motion was overruled and judgment was entered on the verdict. Plaintiff obtained a writ of error.

To dispose of the assignments of…