Furstman

This is an appeal from a judgment for money on a complaint stated in common counts.

Plaintiff herein filed a complaint in Los Angeles on August 3, 1965, for money. Count 1 set forth that on July 14, 1965, defendant was indebted to plaintiff on an open book account, for a balance due for merchandise in the sum of $8,192.23; count 2 set forth that there was an account stated between the *447 parties for the same amount as above stated; count 3 set forth that on July 14, 1965, defendant became indebted to plaintiff in the sum of $8,192.23 for merchandise furnished to defendant at his special request and that the reasonable value of the same was as stated. Defendant answered the complaint in effect by denying that defendant was so indebted to the plaintiff and alleged certain affirmative defenses: (1) that the merchandise was subject to an agreement previously made between the parties to the effect that the deliveries were on a thirty-day open account and defective merchandise was to be .returnable and (2) that the agreed purchase price was not due - on the date the action was filed. Defendant also filed a counterclaim wherein he alleged that plaintiff had represented and warranted…