Ideal Building Material Co. v. Benson Concrete Co.

Plaintiff brought suit to recover the sum of $2,967.68, for crushed stone, bank sand, torpedo sand and gravel alleged to have been sold and delivered to the defendant in Chicago, Illinois. Defendant filed its affidavit of merits which was stricken by the trial court and the defendant electing to stand on its defense as set out in its affidavit of merits, judgment was entered against it, from which judgment this appeal has been perfected.

The affidavit of defense charges that part of said account was satisfied by the acceptance of a promissory note issued to the defendant by others and indorsed…