Mason v. Lee-Bert, Inc.

Plaintiff brought suit in assumpsit in circuit court to recover the selling price of certain merchandise alleged to have been sold and delivered to defendant pursuant to a written contract. Defendant by answer put in issue the claim of the plaintiff as to the nature of the contractual relationship between the parties, asserting in substance that it was an oral agreement, and specifically denied that the merchandise in question was accepted by it. Defendant also pleaded a counterclaim, alleging therein the right to recover from plaintiff the aggregate of certain overpayments made by it to…