Poulsen

Defendant appeals from a judgment against it for $720, together with interest and costs, particular objection being made to the action of the trial court in allowing but $2.25 to defendant against plaintiffs upon a so-called cross-complaint.

It is not contended that the defendant was not indebted to the plaintiffs in the amount for which judgment was rendered, but it is claimed by the appellant that it should have recovered $4,500 upon its cross-complaint instead of the sum of $2.25.

The plaintiff sued for $720, commission upon a sale of rice for the defendant. The defendant answered, denying the indebtedness, and alleging “for a second and separate defense and by way of cross-complaint . . . that on or about the 15th day of May, 1918, plaintiffs sold to defendant and defendant agreed to buy from plaintiffs one hundred and fifty pounds of rice . . . for the price of $7.50 per hundred pounds, making a total purchase price of $22,500.” Failure of seller to deliver said rice is then alleged; that the value of the rice at the time and place of delivery was $9 per hundred pounds, or a total of $29,000, and that the defendant has been damaged in the sum of $6,500, a judgment for which…