Ellerbeck v. Shank Auto Co.

This action was instituted by respondent to recover the alleged balance due on an open ae count for goods, wares and merchandise sold and delivered by respondent to appellant at Salt Lake City, Utah, from. March to November, 1917. Appellant pleaded payment, and, affirmatively, that it made no purchases from respondent after August 2d. Judgment was made and entered on a verdict for respondent, from which, and from an order denying a new trial, this appeal is prosecuted.

’ Appellant, an Idaho corporation, had a branch business at Salt Lake City, which it sold to the Federspiel Motor Car Company…