Western Lithograph Co. v. Vanomar Producers

This is an action for the recovery of the purchase price of certain fruit labels manufactured by plaintiff upon the defendant’s order and delivered to it. The original complaint herein contained two counts, each in the. form of the common count, the first of which was for the recovery of $9,525.70, in which sum it was alleged the defendant was indebted to the plaintiff for labels, stationery, and merchandise sold and delivered to the defendant at its special instance and request; the second count was for the recovery of the same sum alleged to be the reasonable value of said labels, stationery, and merchandise sold and delivered to the defendant as averred in the first count. The answer of the defendant denied that the defendant was indebted to the plaintiff in the sum of $9,525.70 or in any other sum whatsoever in excess of the sum of $6,788.41, on account of said transaction, and alleged that the said admitted indebtedness of defendant to plaintiff arose out of a certain agreement in writing entered into between plaintiff and defendant’s predecessor for the purchase and sale of said labels, stationery, and merchandise for said last-named price. The cause went to trial upon the…