Hillje v. Tri-City Equipment Co.

Harry Hillje commenced this action at law to recover on a written instrument made, executed and delivered by the Tri-City Equipment Company and E. E. Swain, manager and owner, in the amount of $1,500. Plaintiff filed a motion to strike certain parts of the answer and counterclaim of defendant, which motion the lower court sustained, and Swain has appealed. '

The petition alleges that the Tri-City Equipment Company was owned and operated by E. E. Swain, who made, executed and delivered, for a valuable consideration, to Harry Hillje a certain promissory note in the amount' of $1,500, said note…