
    8845
    GERMOFERT MFG. CO. v. DELLENEY.
    (81 S. E. 667.)
    PEEADTirGS. Sl-IAM.
    Defense of fraud in action for purchase money of fertilizers sold, held to be improperly stricken out as sham under Germofert Fertilizer Oo. v. Castles, supra.
    
    Before Gage, J.,
    Winnsboro,
    January/ 1914.
    Reversed.
    Action by Germofert Fertilizer Company against T. E. Delleney for recovery of purchase price of fertilizers sold. From an order striking out defense of fraud in answer, the defendant appeals.
    
      Messrs. Hanahan & Taylor, for appellant.
    
      Messrs. Nathans & Sinkler, for respondent.
    May 6, 1914.
   The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This case is controlled by the principles announced in the cases of Germofert Mfg. Co. v. S. F. Castles, 81 S. E. 665, and Germofert Mfg. Co. v. A. Lee Scruggs, infra, in which the opinions have just been filed. '

Order reversed.  