CORN, Justice.
The plaintiff, Roy Holder, brought this action against Our Co-op, Madill, Oklahoma, to collect $563.50 for cake pellets sold and delivered to the defendant, and, in the alternative, asked for judgment on a check issued by the defendant on February 23, 1955, in payment of the said pellets, to one J.W. Pitts and endorsed in blank by him and delivered to the plaintiff.
The amended answer and cross-petition of the defendant states, in part:
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