R. C. Poage Milling Co. v. Joseph Howard & Co.

Opinion op the Court by

Commissioner Hobson—

Reversing.

The R. C. Poage Milling Company sold and delivered to Joseph Howard & Co. a lot of mill stuff, amounting to $1,490.19, and this action was brought to recover the price. The defendant Joseph Howard pleaded that he had made certain payments not credited on the account and als(f that certain of the goods were spoilt when received. The defendant Lina Howard, his wife, pleaded that she had retired from the firm before the goods sued for were bought, and that the plaintiff had notice of this. Issues were joined, and on the final hearing the…