Elaterite Varnish & Rubber Co. v. Chamberlin Metal Weather Strip Co.

Plaintiff had judgment against the defendant for the sum of $645.65, the balance alleged to be due from the defendant to the plaintiff for goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at the latter’s special instance and request. The defendant’s answer admitted the purchase as alleged by the plaintiff, but as a defense to the action set forth a cross-complaint by which it sought to recover from the plaintiff the sum of $3,166.88.

Before taking np the consideration of the questions presented by this appeal it may be well to recite a few facts shown by the record, which, to some extent, may disprove the usual charge that courts are responsible for delays in litigation.

The transcript on appeal was filed on July 6, 1926. The appellant’s opening brief was served and filed on the twenty-fifth day of August, 1926. This brief consisted of three and one-half pages of printed matter. The respondent’s brief, consisting of fourteen pages, was filed on December 1, 1928, just two years, three months and seven days after the receipt of a three and one-half page brief.

At the trial of the action the plaintiff objected to any testimony which could be used…