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PEARL CREAMERY v. MONTPELIER CREAMERY, INC.

No. 18,110.

123 Ind. App. 401 (1951)

101 N.E.2d 709

PEARL CREAMERY OF NAPPANEE, INC. v. MONTPELIER CREAMERY, INC.

Court of Appeals of Indiana.

Rehearing denied December 20, 1951.

Transfer denied April 16, 1953.

Attorney(s) appearing for the Case

Carl L. Chattin, of Goshen, for appellant.

Richard W. Mehl and Mehl & Mehl, of Goshen, for appellee.

ROYSE, J.

Appellee, by its complaint in one paragraph, brought this action on an open account for $93,953.04 against appellant. Appellant answered the complaint by an answer of admission and denial under the rules and by a further paragraph pleading an accord and satisfaction. Appellee replied in two paragraphs. The first asserted there was no consideration for the accord and satisfaction; the second averred that the obtaining of a refund of Federal Income Tax by...

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