Stanley Drug Co. v. Smith, Kline & French Laboratories

Opinion by

Mr. Justice Simpson,

The pleadings in this case consist of plaintiff’s statement of claim, defendant’s affidavit of defense and counterclaim, and plaintiff’s reply to the counterclaim. The counterclaim is for $771.36, for merchandise purchased by plaintiff from defendant, wholly unrelated to- the transaction which was the subject of dispute in the statement of claim and affidavit of defense, and the $771.36 is expressly admitted by plaintiff to be due by it to defendant. For the reasons hereinafter set forth, the trial judge decided that plaintiff could not recover upon the cause of…