Holland Patent Milk & Cream Co. v. Rowland

Judgment and order affirmed, with costs. Held, that the defendant by his admissions and conduct upon the trial waived every defense except the affirmative one alleged in paragraph 3 of thé answer, which was not established. We do not pass upon the contract set out in the complaint or the right of the plaintiff to recover except by reason of the waiver referred to. All concurred.