Coast Products Co. v. Morgantown Packing Co.

This action was instituted by the appellant to recover damages resulting from an alleged breach of contract. The complaint was filed on March 26, 1919. On September 13, 1919, the defendant filed an answer which is designated in the record “an answer in denial.” It bears on its face evidence of at least an attempt on the part of appellee’s counsel to verify it by his oath; and counsel for appellant regard it as a verified general denial. The cause was tried April 16, 1920, on the theory that the answer was a non est factum. The trial resulted in a verdict and judgment for the appellee. The…