Roth Tobacco Co. v. Layton Department Store

This suit was brought in the circuit court by Layton Department Store, a domestic corporation, against Roth Tobacco Company, a foreign corporation, to rescind a contract for the sale of tobacco by the defendant to the plaintiff, and to recover the consideration paid by the plaintiff to the defendant. The plaintiff recovered judgment against the defendant for $518.40, the amount sued for. From the judgment rendered, the defendant has duly prosecuted an appeal to this court.

It is claimed by counsel for the defendant that the circuit court erred in overruling its motion to quash the service of…