WT Grant Company v. Wilson Industries, Inc.

DAVIS, Justice.

Plaintiff-appellee, Wilson Industries, Inc., sued appellant-defendant, W. T. Grant Company, a foreign corporation, alleging that appellee sold to the appellant several thousand rose bushes in the year 1959. Appellee further alleged that the appellant paid a portion of the purchase price, and failed and refused to pay the balance due in the sum of $8,381.96. The appellant answered by a general denial.

Appellant based its defense on the theory that it bought the rose bushes from Russell Wilson Nurseries, not from Wilson Industries, Inc. It did not file -a verified denial that the…