Supreme Court of Georgia July 22, 1902 (Freeman & Turner News Co. v. Mencken & Bro.)

Lumpkin, P. J.-

This case originated in a justice’s court, the same being an action' upon an open account instituted by Aug. Mencken & Bro. against the Freeman & Turner News Co., a partnership, and the members thereof, to recover a balance alleged to be due upon a bill for cigars sold to that firm. The defense interposed to this suit was that the defendants had “ been endamaged by the said Aug.