Valley Lumber Co. v. Wood

Citations

• 4 Cal. Unrep. 1
• 33 P. 343
• 1893 Cal. LEXIS 1000

Syllabus

<p>Counterclaim.—In an Action for Goods Sold and Delivered, the allegation of a counterclaim of $1,700 for 171,000 bricks sold and delivered by defendant to plaintiff, no part of which has been paid, states sufficient facts to support a judgment for defendant.</p> <p>Counterclaim.—In an Action to Which Defendant Pleaded a counterclaim for brick alleged to have been delivered to plaintiff corporation, the evidence was undisputed that the bricks mentioned in the answer were to be used in a certain building in which plaintiff had no interest. The contractor for the erection of the building testified that .he ordered the bricks from defendant, while defendant testified that they were ordered by a member of an agency who were managing agents for plaintiff corporation, but there was no evidence to connect plaintiff with this transaction through the agency. Held, that the evidence did not justify a verdict for defendant on the counterclaim.</p>