Zinsmaster Baking Co. v. Commander Milling Co.

Holt, Justice.

Defendant appeals from the order striking out its answer as sham and frivolous.

To determine the legal sufficiency of the answer it is advisable to give a summary of the issues tendered by the complaint. Plaintiff alleges that during the time referred to in the complaint it was in the business of manufacturing bread and cakes from flour, and de fendant ivas in the business of producing flour from wheat, rye, and other grains which plaintiff bought from time to time. Under the provisions of the agricultural adjustment act of May 12, 1933, 48 St. 31, a processing tax of 30 cents…