Funkhouser Equipment Co. v. Carroll

The opinion of the court was delivered by

Smith, J.:

This was an action for money. The defendants have appealed from an order of the trial court by which certain matter was stricken from their answer.

*429After the formal allegations, the plaintiff alleged that on October 28, 1943, the parties entered into an agreement in writing, whereby the plaintiff sold the defendants and the defendants purchased from the plaintiff a used “Brown Hoist Crane on Crawlers” complete and that defendants agreed to pay plaintiff therefor §2,500 upon the receipt of it; that about November 3, 1943, the machine was…