Suburban Ice Manufacturing & Cold Storage Co. v. Mulvihill

Defendant in error brought suit against the plaintiff in error in the court of common pleas upon a promissory note. The execution and delivery and nonpayment of the amount claimed in the petition is admitted in the answer.

Plaintiff in error, defendant below, by way of cross-petition, claimed damages against plaintiff for breach of his contract in the sale of the assets and the good will of his ice company, for which the note was a part consideration.

The execution and nonpayment of the note being admitted, the case was heard, and evidence introduced, on the cross-petition. At the close of the…