Falls City Plumbing Supply Co. v. Jake's Foundry Co.

Opinion op the Court by

Commissioner Sandidge

Affirming.

In May, 1924, appellee, Jake’s Foundry Company, sold and delivered to appellant, Falls City Plumbing Supply Company, a quantity of plumbing supplies. Appellant failed to pay for them and appellee instituted this action to recover $1,144.43, their price. Appellant defended upon the theory that the material delivered was inferior to that purchased, claimed to have been damaged $500 on that account, and sought to recover that sum by way of counterclaim. By agreement of the parties a jury was waived and the law and facts were submitted to the…