C. L. McClain Fuel Corp. v. Lineinger

Opinion by

Mr. Justice Stern,

In this case there are two appeals, one by defendant, the other by the legal-plaintiff. The action was to recover the purchase price of coal sold and delivered by the legal-plaintiff to defendant at various times between October 20 and December 22, 1937, (together with a small item under date of May 24, 1937, for some water- system, regulators). The affidavit of defense admitted the purchases but claimed that the resulting indebtedness had been paid by certain checks, eleven in number, bearing dates from October 11 to December 29, 1937. At the trial plaintiff…