Van Deren Hardware Co. v. John H. Preston & Son

.Opinion of the Court by

Commissioner Sandidge

Reversing.

Appellant, Van Deren Hardware -Company, instituted this action in the Johnson circuit -court to recover from appellee, John H. Preston & Son, $400 owing to it as evidenced by two promissory notes. Appellees admitted executing the n-otes, but by way of counterclaim and set-off pleaded that they were executed for the purchase price of boots and shoes sold by appellant to them, and that on account of a breach of warranty of the goods sold they had been damaged in the sum of $500. The jury returned a verdict for appellant for $163, which was…