Falls Wire Manufacturing Co. v. Broderick

This was an action for goods sold and delivered by plaintiff to defendants. Defendants, after a general denial, set up a counter-claim growing out of an alleged breach of contract on the part of plaintiff. Plaintiff in its reply denied the contract, and pleaded the statute of frauds. On the trial it was admitted that the sum of $303.66 was due on plaintiff’s cause of action ; and the court instructed the jury to find for plaintiff on the counter-claim. There was a verdict and judgment accordingly.

The only question presented for our consideration is, whether the trial court correctly declared…