Merchants' Wholesale Grocery Co. v. Bond-Foley Lumber Co.

Opinion of the Court by

Judge McCandless

Reversing.

The Merchants ’ Wholesale Grocery Company (hereafter called plaintiff) is a corporation engaged in the wholesale grocery business and has only retail stores for its stockholders. It sued the Bond-Foley Lumber Company, a corporation (hereafter referred to as defendant), for $412.34 on account. The defendant admitted the account, but tendered in payment its check for $112.34 and certain shares of stock in the Creasy Corporation of the par value of $300, and based its right to do this on a verbal contract which it claimed was made when it…