Popkin Bros. v. Dunlap

Opinion by

Cunningham, J.,

This case began as an action upon a book account by Popkin Brothers, the plaintiff corporation, against E. Tilton Dunlap to recover $137 for potatoes sold and delivered to him; it was tried before a judge sitting without a jury and ended in a finding, and judgment thereon, in the sum of $163, with interest, in favor of the defendant upon his counter-claim; hence this appeal by the plaintiff.

Both parties were engaged in the business of buying and selling potatoes in wholesale quantities and defendant’s specialty was supplying ship chandlers. The respective contentions…