BOOTH LUMBER & LOAN CO. v. SEWELL PAINT & GLASS CO. OF TEXAS

No. 5163.

24 F.2d 104 (1928)

BOOTH LUMBER & LOAN CO. v. SEWELL PAINT & GLASS CO. OF TEXAS.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1928.


Attorney(s) appearing for the Case

Lyle Saxon and Geo. T. Burgess, both of Dallas, Tex. (Burgess, Owsley, Storey & Stewart and O. J. Van Valin, all of Dallas, Tex., on the brief), for plaintiff in error.

Carlton R. Winn, of Dallas, Tex. (Turner & Rodgers, of Dallas, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Defendant in error brought suit on an open account for certain paints sold and delivered to plaintiff in error, amounting to $5,800. The amount of the bill was not disputed, but it was alleged in the answer that the paint sold was of such poor quality that a number of buildings had to be repainted, and the cost of doing said work was pleaded in set-off. The answer then set up a cross-action, and prayed in reconvention for a recovery of various...

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