Wilkes v. Clark

The opinion of the court was delivered by

Porter, J.:

The defendant appeals from a judgment in plaintiff’s favor for a balance claimed to be- due for the purchase' price of thirteen cars of coal sold and delivered to the defendant by Robert Locke who assigned his claim to the plaintiff. The petition alleged that tlie coal was sold at mine weights and upon agreed prices and terms. The answer was a general denial with a cross-petition asking judgment against the plaintiff because of- alleged- shortages in weights of the *494coal, and a further claim for commissions due on certain cars. The case is…