Chattanooga Bakery Co. v. S. Hamilton Co.

The suit was on account, account stated, and for goods, .wares, and merchandise sold and delivered. After elimination of pleas 3 and 4 by the court, there remained 1, 2, and 5. Pleas 1 and 2 were the general issue, and •plea 5 was as follows:

“5, For further answer to the complaint and each count thereof,' separately, the defendant says, the consideration of the debt sued for was the sale by plaintiff to defendant of 200 Cartons of Orient Goodies. Defendant was then and is now engaged in the wholesale mercantile business and bought said goods to re-sell to retail dealers. And defendant alleges…