Scherbenske v. Maier

GRIMSON, Judge.

The plaintiff in his complaint alleges that he is a sole trader doing business as “Scher-benske’s Store” at Tuttle, North Dakota, and that the defendants were “associated together” and doing business under the firm name and style of “Maier Chemical Spray” of Valley City, North Dakota; that on the 8th day of November 1946, plaintiff and defendants entered into an agreement by the terms of which defendants sold and delivered to plaintiff 1,250 gallons of Maier Chemical Spray at $2 per gallon, total cost, $2,500, on which plaintiff was allowed a credit of $125 leaving a balance…