Scarne's Challenge, Inc. v. M. D. Orum Co.

This appeal is from an order denying summary judgment. At the hearing on motion for summary judgment, the court had before it the following pleadings: Appellant in his complaint alleges that a written agreement was entered into by the parties involved in the transaction here, dated March, 11, 1949, for the sale and purchase of 600 dozen games known as Scarne’s Challenge, and that such merchandise was accepted by appellant’s letter dated May 3, 1949. He further alleges that there is due and owing from the respondent the sum of $10,620 for goods shipped and unshipped. Respondent alleges that…