Noll Baking & Ice Cream Co. v. Sparks Milling Co.

Mr. Presiding Justice Stone

delivered the opinion of the court.

Suit was brought in the lower court against the defendant appellee, Sparks Milling Company, hereafter called defendant, by Noll Baking and Ice Cream Company, plaintiff appellant, hereinafter called plaintiff, for the recovery of processing taxes collected from plaintiff by defendant, during the period when the Agricultural Adjustment Act was in effect. The original complaint was dismissed on motion. Plaintiff was given leave to file amended complaint. This was done. Subsequently, the amended complaint was amended by filing an…