G. S. Johnson Co. v. N. Sauer Milling Co.

The opinion of the court was delivered by

Allen, J.:

This was an action upon a written contract to recover money representing a part of the contract price of flour purchased by the plaintiff from defendant, and claimed by plaintiff to be money paid to defendant by the plaintiff to cover the processing tax imposed on defendant by the agricultural adjustment act and amendments thereto. A motion to strike was sustained. Plaintiff appeals.

As the material stricken from the petition involved the merits of the cause of action, the' order to strike is an appealable order. (McKenzie v. Ruggles…