Poswa

This is an appeal by defendants from a judgment rendered against them for the sum of $150.37, and costs taxed at $128.60.

Plaintiff sued to recover of defendants the sum of $663.17 as the unpaid balance of the price of certain oil sold by the Sterling Paint Company, a corporation, to defendants, copartners doing business under the firm name and style of American Dry Color Co. The claim of the Sterling Paint Co. was assigned to plaintiff. The complaint was unverified.

The defendants answered, and besides denying the allegations of the complaint, pleaded various counterclaims. One of these counterclaims set up a claim for fifteen dollars, for commissions earned by defendants in selling two barrels of oil for the Sterling Paint Company.

Another set up a claim for $22.28 for goods sold to said company by defendants.

The others set up claims for damages arising out of breach of warranties as to quality of oil alleged to have been sold to defendants by the Sterling Paint Company, before the assignment to plaintiff, aggregating the sum of upwards of nine hundred dollars. In each case the oil had been resold by defendants upon the same warranty, and defendants had been obliged to pay…