Phillips-Van Heusen Co. v. Shark Bros., Inc.

SAND, Justice.

Both cases, by order of this court, were consolidated for appeal and are in substance identical except as to amount and name of the plaintiff party. (They had been consolidated for trial.) Phillips-Van Heusen Corporation [Van Heusen] and Enro Shirt Company [Enro], each a foreign corporation and general creditor of Kingsman Co., Inc. [Kingsman], a domestic corporation, brought separate actions .for the balance due on an open account for merchandise sold and delivered to Kingsman, doing business as Shark’s Mens Store in the city of Devils Lake. Both actions were commenced…