Kleinbohe v. Hoffman House

The complaint alleges a cause of action upon contract for goods sold and delivered for which defendant promised and agreed to pay plaintiff. The answer is a general denial with an allegation that the plaintiff is not the real party in interest.

On the trial the plaintiff was asked the direct question whether he had sold- or delivered any goods to the defendant, and whether defendant ever had promised to pay him for goods sold or delivered, and he answered in the negative. The testimony showed that plaintiff’s claim was based upon the refusal by defendant to allow the removal of certain…