Louis Pizitz Dry Goods Co. v. New York Hamilton Co.

This is an appeal from an order denying plaintiff’s motion to strike out as insufficient a separate *328defense interposed in the defendant’s answer. In the complaint it is alleged that one Henry S. Duncan made an agreement in writing with the plaintiff, by which the plaintiff was to sell and Duncan to buy certain equipment for the Bankhead Hotel at Birmingham, Ala., and that Duncan was to pay the price of such merchandise amounting to $150,000, $5,000 in cash and the remainder by promissory notes to be executed by Duncan. The agreement provided that the notes were to be guaranteed by the…