Hickman, Williams & Co. v. Wayne Steel Co.

Opinion by

Mr. Justice Simpson,

Defendant appeals from a judgment entered on a verdict in favor of plaintiff. The case is of a dual character. Plaintiff sued to recover for certain pig iron, sold and delivered by it to defendant, for which the latter had not paid, and for damages arising from defendant’s refusal to accept the full amount contracted for. On this branch of the case the only question to be decided is whether or not the court below erred in giving binding instructions for plaintiff. Defendant counterclaimed to recover damages for the breach by plaintiff of a contract to purchase…