State Bank v. Mackstein

The plaintiff sued as the assignee of the Kramerlite Co., Inc., for goods alleged to have been sold and delivered to the defendants. The defendants interposed a general denial and also a counterclaim. The pleadings are unverified. Upon motion made by plaintiff, defendants who failed to file a bill of particulars were precluded from offering any testimony at the trial on the counterclaim. Thereafter plaintiff moved the court for summary judgment pursuant to rule 113 of the Rules of Civil Practice, which motion was granted by the trial court. This was clearly error. In order to entitle a party…