Western Gravel Co. v. M. J. Nolan Co.

Appeal from a judgment entered after the defendant’s amended answer (herein referred to as the answer) was stricken.

The complaint seeks to recover $3,250 on an account stated. The answer denies indebtedness to plaintiff in the sum of $3,250 and denies that there was an account stated between the parties. The answer says that at plaintiff’s request defendant gave to plaintiff an order in the form of an assignment on the Wisconsin highway department for $3,250, the purpose of which was to aid plaintiff in keeping its credit with its bank; that plaintiff fraudulently procured the order by…