Midwest Grocery Co. v. Danno

The defendant does not deny that the merchandise was furnished to him. He denies that it was furnished to him at his special instance and request. His affidavit states that he “does not operate or own the business known as Danno’s Food City.” This allegation is unresponsive and evasive because it is limited to the present tense. The relevant date of defendant’s operation or ownership is not as of January 4, 1960, after the instant suit was filed, but as of the period from June to August 1959, when the groceries were ordered and delivered. It is significant that defendant’s affidavit does not…