MONTGOMERY WARD AND COMPANY v. V-1 OIL COMPANY

No. 8424.

301 P.2d 1106 (1956)

MONTGOMERY WARD AND COMPANY, a corporation, Plaintiff-Respondent, v. V-1 OIL COMPANY, a corporation, Defendant-Appellant.

Supreme Court of Idaho.

September 26, 1956.


Attorney(s) appearing for the Case

Boyd R. Thomas and Rulon R. Price, Idaho Falls, for appellant.

Albaugh, Bloem, Barnard & Smith, Idaho Falls, for respondent.


PORTER, Justice.

Respondent brought this action to recover the sum of $965.61, alleged to be the balance due from appellant upon an open account for truck tires, tubes and batteries sold and delivered to appellant. By its answer, appellant admitted there was a balance unpaid on such open account of $965.61 but set up by way of counterclaim that appellant was entitled to an adjustment for defective and unsatisfactory merchandise in the sum of $1,154.64, and prayed...

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