Kohler v. Huth Const. Co.

This suit is for an alleged balance due on purchase price of 481.7 tons of coal at $8 per ton; the balance claimed being $2,353.60.

The defendant admits by answer and supplemental answer: That it bought from plaintiff 218.2 tons of coal at $S per ton, which was delivered by plaintiff on the bank of Bayou Choctow and there measured. That he paid $1,500 of-the price and tendered in the amended answer the balance due for that coal. That beyond, the amount tendered the defendant owes plaintiff nothing on the purchase of coal.

The court below gave judgment for the amount tendered, but rejected the…