CARPENTER PAPER COMPANY v. Brannock

TUCKETT, District Judge.

The respondent commenced this action in the court below to recover for goods and merchandise it sold and delivered to the appellant. The lower court found in favor of the respondent and entered judgment in its favor. The appellant seeks to reverse that judgment.

During the period commencing May IS, 1959, and ending November 23, 1960, the respondent delivered to Bill’s Dairy Queen in Salt Lake City goods consisting of paper and supplies.

The appellant was the proprietor of and operated the business known as Bill’s Dairy Queen on May IS, 1959. On that date the appellant…