D'Orio v. Startup Candy Co.

The complaint alleges that on November 28, 1927, plaintiff sold to defendant, at its special instance and request, certain goods, wares, and merchandise of the reasonable value of $157.50, that the defendant promised to pay plaintiff the reasonable value, thereof, and that the said sum of $157.50 is now due and owing to plaintiff from defendant. Plaintiff prays judgment accordingly.

Defendant by his amended answer admits that it purchased from the plaintiff the goods, wares, and merchandise as alleged in plaintiff’s complaint, that the reasonable value thereof was as alleged, and that…