Becker Pretzel Bakeries, Inc. v. Loefflad

PiNOLA, J.,

We have for consideration defendant’s motion to lift a nonsuit granted as to his counterclaim.

Plaintiff sued in assumpsit to recover $13,665.98 for merchandise sold to defendant. The latter set up a counterclaim for $16,000, claiming that plaintiff had agreed to pay that amount for defendant’s distributing business. Plaintiff offered in evidence the admissions in the pleadings and then rested. Whereupon defendant, because there was no writing, attempted to prove part performance of the contract.

In his counterclaim, he averred:

“In addition to said payment as aforesaid, and to obtain…