Phoenix Pottery Co. v. Arthur L. Perkins Co.

The opinion of the court was delivered by

Reed, J.

This action is brought upon an account for goods sold and delivered by the Phoenix Pottery Company to the Arthur L. Perkins Company.

The defendant sets up that the plaintiff furnished pottery unfit for use, which pottery the defendant was compelled to return, and did return, and that these goods formed a part of *79the goods sued for; that the plaintiff promised also to take in payment for the goods sold by it certain other defective goods, which goods were also sent to the plaintiff.

The cause was tried on April 15th, 1909. Apart from the questions…