(DOWNLOAD) "Sms Manufacturing Co. v. U.S.-Mengel Plywoods Inc." by Tenth Circuit. United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Sms Manufacturing Co. v. U.S.-Mengel Plywoods Inc.
- Author : Tenth Circuit. United States Court of Appeals
- Release Date : January 09, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This was an action instituted by U.S.-Mengel Plywoods, Inc., a corporation, against SMS Manufacturing Company, Inc., a corporation, and Manly M. Moore. The defendant Moore was president and manager of the defendant SMS Manufacturing Company. The action was to recover against the defendant SMS Manufacturing Company on account for goods, wares, and merchandise sold and delivered to it, and to recover against the defendant Moore upon his guarantee of the account. An itemized, verified statement of the account, an invoice and the guarantee or a copy thereof, were attached to the complaint. By answer, the defendant SMS Manufacturing Company admitted that it placed with plaintiff an order for certain cut plywood material in groups of special cut sizes but alleged that without the consent of such defendant plaintiff shipped material of different dimensions from that specified in the order which rendered all items shipped unusable and worthless to such defendant, and it further pleaded that by stenciling with ink shipping orders on the edges of some of the items of material all of the material was rendered unfit and unusable for the purposes for which it had been ordered. By separate answer, the defendant Moore admitted that he executed the written guarantee referred to in the complaint but denied that the defendant SMS Manufacturing Company was indebted to plaintiff in any amount; and for further answer and defense, he adopted many of the material allegations contained in the answer of his co-defendant.
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