Thresher

The plaintiff brought this action to recover the sum of $376.65, balance alleged to be due for peaches sold and delivered by him to defendants in 1892, and also to recover the further sum of $332.95, balance alleged to be due for peaches sold and delivered by George and P. B. Thresher to defendants in 1892, and by the sellers assigned to plaintiff. The defendants, by their answer, admit the purchase of the peaches, but aver that the balance remaining due and unpaid to plaintiff for his peaches is only $22.40, and thát the balance remaining due and unpaid to plaintiff’s assignors for their peaches is only $77.90, and they offer to allow judgment to be taken against them for the aggregate of these amounts. The case was tried by the court without a jury, and the findings were that for the peaches purchased of plaintiff there was still due and unpaid the sum of $174.86, and for the peaches purchased of plaintiff’s assignors there was still due and unpaid the sum of $172.20, and that plaintiff was entitled to judgment for the aggregate of these sums, $347.06, with legal interest thereon from September 30, 1892, until the rendition of the judgment. Judgment was accordingly so entered,…