Hamilton v. Miller

Miller Lumber Company, a corporation, filed its declaration in this action against F. S. Glenn and T. M. Hamilton, Jr., a partnership doing business as building contractors, to recover the sum of $1,102.18, value of lumber plaintiff sold and delivered defendants.

Defendants admitted owing $744.69, which had been tendered to and refused by plaintiff. They denied they owed plaintiff an item of $280.17 and another of $77.12, a total of $357.29, both of which were included within the $1,102.18. They further plead that plaintiff was *318estopped, by the circumstances hereinafter set out, to assert…