Benchley

The action is on a contract. Judgment in the court below went for the plaintiff and defendant appeals.

The complaint was drawn in two counts and the judgment was in favor of plaintiff on the first count only. Also, there was a cross-complaint by defendant, asking affirmative relief by way of money judgment. On the cross-complaint the plaintiff and cross-defendant prevailed. However, it seems conceded that if the judgment in favor of plaintiff upon his original complaint should lack support in the evidence then defendant should prevail upon its cross-complaint. The case is thus sketched inasmuch as sufficient of the details will hereinafter appear and an analysis of the entire case here would be merely historical in the sense of preserving names and places.

The present defendant and appellant is the successor of Glidden Food Products Company and throughout the briefs no reference is made to the Glidden company and the case is treated as though the present defendant was the party named in the original contract. We shall follow that pro cedure, inasmuch as no point is made as to the liabilities assumed and the rights accrued to appellant, it being conceded that the latter in all…