Helmer v. Wilson & Co.

(After stating the foregoing facts.)

1. The contention that the court erred in striking, on written motion, certain parts of the original plea and in sustaining the plaintiff’s oral demurrer to the amendment to the plea, is without merit. The facts alleged in the portions of the plea stricken and in the amendment were, in effect, that there was no binding legal contract as declared upon by the plaintiff, because the plaintiff had failed and refused to provide and furnish (as it had agreed to do in its letter of July 14, 1920) a formal or special written contract covering the sale of the butter…