Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.

BOOTH, Circuit Judge.

This is an appeal from a judgment entered on the pleadings after a demurrer had been sustained to a counterclaim interposed in the answer of appellant, defendant below. Plaintiff, Ft. Dodge Serum Company, sued defendant on two causes o'f action. The first contained two counts: One for goods sold and delivered, covering certain serums; the other on an account stated. The second cause of action contained two counts: One for the agreed price of certain goods shipped to defendant on consignment under an agreement that, for all such goods kept by defendant, defendant would pay…