P. & O. Banking Corp. v. Wurm Bros.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Defendant appeals from a judgment for $2,607.19 entered against it after its amended affidavit of merits had been stricken.

The controversy arises out of the delivery to defendant for sale of 480 cases of cashew kernels for which defendant gave its receipt, in which it undertook to deliver to plaintiff the proceeds of any sale. Plaintiff’s statement of claim alleged that the merchandise was sold and defendant did not account to it for the proceeds. Defendant admits that it received the merchandise, signed the receipt in question,…