Swisher-Orrison Co. v. W. E. Rogers & Son

LESLIE, Justice.

The Swisher-Orrison Company, a corporation, brought this suit against W. E. Rogers & Son, a partnership, to recover $232.60, balance due on an open account for merchandise sold them. The account was itemized and verified. The defendants answered by general demurrer, general denial, and cross-action. In the answer it was specially alleged: (1) That the plaintiff, through its duly authorized agent, assured defendants that if said cigars were not salable or merchantable in defendants’ territory, that plaintiff would take the cigars back and refund to defendants any money which…