Corydon & Ohlrich, Inc. v. Kusper Bros. Co.

In March 1947 plaintiff brought suit against defendant by filing a complaint consisting of three counts alleging (1) an oral contract of sale and purchase of Mexican liquor known as tequila, (2) defendant’s breach of the agreement, and (3) plaintiff’s resulting damages. Defendant’s answer denied the material allegations of the complaint and asserted a counterclaim for $1,914.59 for merchandise sold and delivered to plaintiff in January and February of 1947. Issue being joined by the filing of plaintiff’s reply, the cause proceeded to trial in January 1950, during which defendant filed an…