Medusa Portland Cement Co. v. Marion Coal & Supply Co.

Opinion by

Flood, J.,

The plaintiff has appealed from the denial of his motion for judgment on the pleadings in an action on a book account for goods sold and delivered in July and August 1962 “at the special instance and request of the defendant.”

The defendant corporation’s answer, sworn to by its president, states: “For the reasons set forth hereinafter under ‘New Matter’, the defendant is without sufficient knowledge, after reasonable investigation, to form an opinion as to the truth or falsity of the averments . . . and verily believes that the exclusive knowledge thereof is in the…