Schirmer

Plaintiff brings the action as assignee of the Loew Manufacturing Company, a corporation, for the sum of four hundred and eighty-one dollars, which plaintiff alleges, in his complaint, is the balance due on a written contract, entered into on January 22, 1907, whereby defendant agreed to purchase from plaintiff’s assignor “one No. 4 New Era Pasteurizer, having a capacity of one hundred barrels, together with trucks, beams, regulators, thermostats and thermometer, centrifugal pump and pulley, for the agreed sum of $3,800.00.”

It is alleged that said corporation delivered said merchandise to defendant and that defendant has paid therefor the sum of three thousand three hundred and nineteen dollars, and no more, leaving four hundred and eighty-one dollars due and unpaid.

Defendant demurred generally and specially which, being overruled, it answered; admitted the execution of a written contract on the day claimed, which is. attached to the complaint as part thereof, for the purchase of said articles at the price named, “but it was agreed by said Loew Manufacturing Company and this defendant that the railroad rate for transportation of the said pasteurizer would be one dollar and…