Appellate Division of the Supreme Court of the State of New York June 8, 1906 (Bowen v. Farley)

Miller, J.:

The plaintiff complained on a balance due for goods sold-and delivered; the defendant counterclaimed a demand for goods returned in excess of the quantity not paid for. The proof developed disputed questions of fact, the determination of which required a judgment either for the plaintiff or for the defendant on his counterclaim.