Danube Farmers Elevator Co. v. Marquardt

Holt, Justice.

The appeal is from the order striking as sham and frivolous certain paragraphs from the answer. The complaint alleges that appellant was employed by plaintiff to operate its grain elevator at Danube, this state, and that while so employed he appropriated money and grain belonging to it of the value of $1,516.26, for which judgment is demanded. The original answer denied the misappropriation of either money or grain. Then in paragraph 7 appellant alleged that on June 2, 1934, plaintiff hired him for one year in the same work at a salary'of $75 a month; that on June 20, 1934,…