FERNCO, INC. v. Kennedy

The opinion of the court was delivered by

Parker, C. J.:

Plaintiff commenced this action to recover money for the contract price of certain hygiene cabinets manufactured, delivered to and accepted by defendants, and damages for breach of the involved contract. The appellate issues presented revolve around the petition which discloses the facts on which plaintiff relies for recovery. Therefore that pleading will be quoted at some length. It reads:

“That during the latter part of 1953 and the early part of 1954, the exact dates being unknown to the plaintiff but well known to the defendants, the…