James Mack Co. v. Bear River Milling Co.

It is alleged in tbe complaint that on September 1, 1920, plaintiff sold and delivered to defendant 592.10 bushels of wheat at 2.10 per bushel, amounting to $1,243.40, and that the same became due on said date; that no part of said amount had been paid, although demand had been made therefor. Judgment is prayed for said amount, with interest.

Defendant denies the allegation as to the sale and delivery, but admits the nonpayment. Further answering as an affirmative defense, it alleges that in July, 1920, one Le Grande Hunsaker delivered to defendant a large quantity of wheat to be stored with…