Swain v. Morris
Swain v. Morris
Opinion of the Court
This was an action by the appellees for the price of personal property sold and delivered. Answer, a general denial and a set-off; reply in denial of the set-off; trial by the court; finding for the plaintiff; motion by the ■defendant for a new trial overruled; and judgment on the finding.
The errors assigned question the sufficiency of the complaint, and also claim that the court improperly refused to grant a new trial.
No objection to the complaint is urged or even suggested in the brief of counsel. Ve think it quite unobjectionable. The plaintiffs’ account was for family supplies, consisting of groceries, etc., and ran through a period of some four years. It amounts to three hundred and fifty-one dollars and forty-nine cents. The defendant’s set-off covered the same time and amounted to one hundred and seventeen dollars and
The judgment is affirmed, with ten per cent, damages and costs.
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