Muncy v. Armour & Co.
Muncy v. Armour & Co.
Opinion of the Court
Opinion op the Court by
Affirming.
The appellant was sued for $89.57 by Armour & Company, being the aggregate of two bills of meat sold to her in July and September, 1911. She answered in November, 1911 with a counterclaim in which she alleged that
It is urged that the caption of her answer is fatally defective, but passing that, it is sufficient to say that she specifically withdrew'her claim for short weights; she admitted the purchase and receipt of the meat; she made no allegation that appellee was under any obligation to do hauling for her; there is nothing in the record to indicate that the meat was improperly packed, or that it was in a spoiled condition when she received it. One cannot know from reading the answer and counterclaim how long she kept the meat in her house before it was sold, or what care she took to keep it from spoiling, and, therefore, whether it spoiled before or after she received it.
In view of this state of the record, we think the lower court properly sustained the demurrer, and the judgment is, therefore, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.