Shambrum

Respondent Linda Shambrum (Linda), by complaint filed on January 30, 1975, in which she was plaintiff, sued defendant Everard U. Frey (Frey). Frey is the appellant on this appeal. The complaint in common counts alleged she was assignee for collection and was predicated on money owing to her assignor “Richard Langguth K. G.,” a limited partnership organized under the laws of and situated in *467 West Germany (Langguth), for certain wines sold and delivered to Frey by Langguth.

Frey answered, denied the indebtedness and pleaded as one of the affirmative defenses to Linda’s claim that it was subject to all of the defenses which he had against Langguth, which defenses were more fully set forth in Frey’s cross-complaint filed contemporaneously with his answer. Langguth was a named party in the cross-complaint which was served upon him in West Germany and is also a respondent on this appeal.

The cross-complaint was served on Linda as a fictitiously named cross-defendant. In said cross-complaint Frey, pleaded breaches by Langguth of both a written and an oral contract whereunder Frey was appointed and acted as exclusive distributor of Langguth’s wines in the State of…