Bulova Watch Co. v. Hansen

Action in contract for goods sold and delivered. The only question between the parties at the time of the trial was whether the goods represented by the balance of the account claimed by the plaintiff to be due were in fact returned by the defendant and accepted by the plaintiff. The only evidence introduced consisted of plaintiff’s interrogatories, further interrogatories and notice to admit facts, and defendant’s answers thereto. Among the de*169fendant’s answers to interrogatories were the following:

“9. All of the merchandise was paid for or returned to the plaintiff.

14. I returned all of the…