Potter v. Swinehart

We will herein refer to the parties as they appeared in the trial court, where defendant in error was plaintiff and plaintiff in error was defendant.

The plaintiff alleges in his complaint that on the 13th day of November, 1943, he paid defendant $1,500 as part payment on the purchase price of approximately 246 cases of six year old bourbon; that although plaintiff has demanded delivery of said liquor, defendant has failed and refused to deliver it. Judgment is sought in the sum of $1,500.

Defendant answered setting up three defenses: First, that the complaint does not state a cause of action;…