Forster Vinegar Co. v. Guggemos

24 Mo. App. 444, 1887 Mo. App. LEXIS 213

Opinion

Thompson, J.,

delivered the opinion of the court.

This was an action on an account for goods sold and ■delivered. The answer admits the purchase of the goods .at the price stated in the petition, sets up by way of counter-claim that the defendant has been damaged in the sum ■of ten thousand dollars, by reason of the goods not being ■of the quality represented, and asks judgment against the plaintiff for this sum. At the trial in the circuit ■court, the plaintiff hada verdict and judgment against the defendant on the plaintiff’s cause of action, and •also on the defendant’s counter-claim. The whole controversy was upon the counter-claim. In respect ■of that, the defendant stood before the court in the substantial attitude of plaintiff, and appeals from the judgment against him in respect of- his whole claim. 'The amount in controversy, being, then, ten thousand dollars, we have no jurisdiction of the appeal, and it is -ordered that the case, be transferred to the supreme ■court.

All the judges concur.