Floor-N-Wall Distributors, Inc. v. Chartres Co.

AYRES, Judge.

This is an action upon an alleged contract of sale wherein plaintiff seeks to recover judgment of the defendant for the alleged price of certain described and itemized merchandise. From a judgment in plaintiff’s favor, defendant appealed.

The matter presented for resolution concerns a question as to whether the defense urged is such an affirmative defense that it must be specially pleaded. The defense is a denial of the existence of a contract of a sale of the merchandise. Plaintiff specially alleged, in Paragraph 2 of its petition,

“That petitioner sold and delivered to the…