Columbus Bagging & Tie Co. v. Empire Mills Co.

To a suit by Empire Mills Company against Columbus Bagging & Tie Company the defendant demurred on general and special grounds, which the court overruled, and the defendant excepted.

The action was to recover damages for an alleged breach of contract by the defendant in refusing to accept and pay for brick. The petition alleged that the plaintiff in its trade name, Empire Brick Company, made with the defendant a contract for the sale of a quantity of brick, as evidenced by the following writing signed by the parties through their respective agents, to wit:

“The Columbus Bagging & Tie Co.,

“Columb…