John Deere Plow Co. v. Pierce Hardware Co.

Rodney, J.,

delivering the opinion of the Court:

It will be seen that the special plea does not purport to be an answer to the cause of action in its entirety, because the first item of the claim antedated the date of the agree*483ment as set up in the plea. The defense to this item is therefore solely under the plea of non assumpsit, and the demurrer, if confined to the replication, does not apply to it. The first item of March 27, 1939 also antedated the agreement under seal of February 26,1940, as alleged in the replication.

Many interesting questions are raised in the case, but in view of the…