McVey

It is alleged in the complaint that plaintiff sold and delivered to defendant a certain lot of personal property for the agreed price of $600, viz., two horses, two buggies, one stage, one dead ax wagon, a lot of hay (estimated at fifteen to twenty tons), two sets of double harness, robes, and a lot of oats; and that defendant promised to pay therefor said sum of $600 on or before December 2, 1892, but had failed to pay said sum, or any part thereof, except the sum of $20, whereupon plaintiff prays judgment for $580. The complaint was filed December 17, 1892. The answer denies *909 the alleged delivery of all the property described in the complaint, but admits the delivery of the greater part thereof; denies that any price was fixed or agreed upon, or that defendant agreed to pay more than the reasonable value of the property delivered, and alleges that the reasonable value thereof did not exceed $314; also sets up counterclaims exceeding the alleged value of the property delivered by $27.50, and prays judgment against the plaintiff for this excess. The jury by which the case was tried returned a verdict in favor of plaintiff for $580, upon which judgment was rendered. The…