Johnson Oil & Refining Co. v. Elder

The parties appear here as in the trial court and will be mentioned as plaintiff and defendant.

Plaintiff brought suit on open account to recover $616.12, the purchase price of two carloads of gasoline, sold and delivered to defendant at Las Animas, Colorado, under a contract. The defendant filed answer and counterclaim in the sum of $1,420.82 for overcharge he had voluntarily paid. The jury verdict was for defendant in the sum of $804.70, or the difference between plaintiff’s claim and the counterclaim. Error is assigned to the judgment entered on this verdict after denial of motion for new…