Deisel-Wemmer-Gilbert Corp. v. David Chalmers Tobacco Co.

This suit was instituted in tbe Circuit Court of Jackson County on a petition for an unpaid balance of account for cigars sold and delivered by the plaintiff to the defendant. The amount sued for was $5223.46 and interest. The defendant admitted that said amount was due to the plaintiff as the balance for cigars delivered by the plaintiff to the defendant. It, however, filed an amended counterclaim and answer, upon which the cause was tried, in which it alleged that, on or about December 17 or 18, 1931, the plaintiff entered into an oral contract with the defendant by the terms of which it…