American Fire Prevention Bureau, Inc. v. Rockwood Sprinkler Co. of Massachusetts

This action was instituted to recover the sum of $4,898, which represents a balance alleged to have been due on the defendant’s guaranty that one-half of plaintiff’s profit for the “ contract year ” from the sale of electric appliances would amount to at least $5,000.

Two causes of action are set forth in the complaint, the first on the theory of breach of contract, and the second on an account stated. The defendant in its answer set up certain counterclaims, to which a reply was served in due course.

After the issues were joined, the defendant made a motion under rule 112 of the Rules of Civil…