New Prague Flouring Mill Co. v. Heen

Opinion bv

Keller, J.,

This is an appeal from a judgment in an action of assumpsit entered for want of a sufficient affidavit of defense. The case must therefore be considered as if the averments of the affidavit were true; and the judgment can stand only if the facts thus averred, giving them their fair intendment, would, if proven on the trial, be insufficient to support a verdict for the defendant.

The claim is based on a written agreement for the purchase of flour signed by the defendant, Heen, and accepted in writing by the plaintiff, thus constituting a contract, which Heen refused to…