Retailers Service Bureau v. Newman, Frierson & McEver Co.

1. Tlie court did not err in overruling the motion to strike the defendant’s plea and answer. The suit having been based upon an instrument in writing signed by the defendant which was not an unconditional promise to pay, and a compliance on the part of the plaintiff with the terms of the agreement having been set forth by the petition, the defendant’s denial of such compliance with the contract set forth a legal defense, even though the mere denial of the execution of the contract which formed the foundation of the suit was not sworn to.

2. “The test of mutuality is to be applied as of the…