Goss

The plaintiff commenced an action against the defendants to recover a judgment for $536.54, alleged to be the balance owing the plaintiff for hay purchased by defendants. In the first count the plaintiff pleaded an agreed price; in the second count it pleaded a common count as for a balance due on account, and in the third count it pleaded a sale for the reasonable value. The defendants appeared jointly and as such interposed a demurrer to the complaint and a demurrer to each count. The demurrer was overruled and the defendants jointly answered. In their answer to each count the defendants denied the allegations contained in each paragraph of each count contained in the complaint. The defendant II. E. Goss interposed a defense to the effect that he purchased one schooner load, consisting of 75 to 100 tons; that he received 85.41 tons and paid therefor, and that thereafter he purchased 128.55 tons for which he agreed to pay “the best price he could pay for said hay according to the quality of said hay and the market conditions at the time of handling the same”; that $930.54 was the amount of the second purchase. At the end of the trial the trial court found against the defense last…