Stull v. Daniel MacH. Co.

D. L. Stull sues W. H. Daniel, doing business as Daniel Machine Company, for $1,000 due by promissory note made by him, waving exemptions as to personal property and agreeing to pay a reasonable attorney’s fee for its collection. The defendant pleaded general issue, payment, failure of consideration and three pleas of set-off. There was verdict for defendant for $226.67, judgment thereon by the court, and an appeal therefrom by the plaintiff.

The plaintiff’s motion to strike “the claim of damages” in the set-off plea, numbered 5, was overruled and refused by the court The motion is to strike…