McAtee v. Consolidated Oil Co.

This was an action by appellee to recover the purchase price of certain described goods, alleged to have been sold and delivered to the appellant. The complaint, which was in one paragraph, was answered by (a) a general denial, and (b) a second paragraph in which certain facts were alleged as constituting fraud in the procuring of the written order for said goods. The appellant also filed a cross-complaint, which was met by an answer in general denial. As none of said affirmative pleadings were tested by demurrer, their sufficiency is not before us.

The cause was submitted to the court for…