Wiestner

Appeal from a judgment for the plaintiffs. The only question involved is as to the construction of the pleadings and findings. The complaint alleges, in effect, that the plaintiffs sold and delivered to defendant goods of the value of $999.65, on which there has accrued as interest the sum of $16.05, making in all the sum of $1,015.70, and that no part of the same has been paid, except the sum of $300, leaving a balance of $715.70. The answer denies the purchase of the goods as alleged of the value of $999.65, or of any value in excess of $300, which it is alleged defendant has paid; and it is denied, also, that there is a balance of $715.70, or any other sum, due to the plaintiffs from the said defendant. Pacts are also alleged showing damage in the sum of $48 on account of defects in the goods sold, and the return of certain of the goods of the value of $150. The findings are, in effect, that “within two years next preceding the commencement of this action the plaintiffs sold and delivered to the defendant, at the instance- and request of the latter, and the defendant received of the plaintiffs, goods, wares, and merchandise of the value of $715.95”; that by reason of the…