Aermotor Co. v. Earl

Comstock, J. —

The complaint is in two paragraphs. The first is upon the common count for goods, wares, and merchandise sold by plaintiff (appellant) to the defendant (appellee). The second is for goods, wares, and merchandise sold by appellant to appellee under a written agreement, made a part of the complaint as an exhibit. To the complaint appellee filed an answer in two paragraphs. The first is á general denial. The second, appellee styles an answer and counterclaim. Appellant, in its demurrer, refers to this pleading as a cross-complaint and an answer, and demurs thereto upon the ground…