Linden Packing Co. v. Heinold Hog Market, Inc.

The sole issue presented by this appeal is whether the trial court erred in granting plaintiff-appellee’s motion for summary judgment.

Appellee filed its complaint alleging that plaintiff-appellee sold and delivered to defendant-appellant 254 steers at the agreed price of $110,420.23, that defendant-appellant had paid or received credit for $107,259.54, and that there remained due and unpaid the sum of $3,160.69. Appellant answered with a general denial to appellee's complaint. Thereafter appellee filed a request for admissions which, omitting formal parts, reads as follows:

“1. That the…