Buckeye Buggy Co. v. Dickey

The Buckeye Buggy Company sued Dickey as surviving partner of a firm, upon an account. The bill of particulars attached to the petition was as follows :

“ Dickey Carriage Company, Dr. To Buckeye Buggy Company. 1901.

Apl. 2. For two top buggies, rubber tired, style No. 106

at $135.00 .............. 270.00

Apl. 5. For 1 Phaeton, style No. 40 ....... 137.50

Apl. 5. 1 top buggy, style No. 106 ....... . 102.50

$. 510.00

Interest to Feb. 10, 1903......... 41.95

551.95.”

The defendant answered, denying that he was indebted to the plaintiff in any amount, and further pleaded that the third item in the account…