Romick's International, Inc. v. Interstate Cigar Co.

The plaintiff, a California corporation, moves for summary judgment in an action for goods sold and delivered consisting of a total of 71 cases of Amphora pipe tobacco ordered by the defendant at plaintiff’s office in California for the total agreed price of $3,663.60. In answer to the complaint, the defendant has simply interposed a “ general ” denial.

The defendant’s affidavits in opposition to plaintiff’s motion do not deny the ordering and the receipt of the goods or the nonpayment therefor. The sole basis of opposition to the granting of this motion is the defendant’s contention that…