Dalby v. Kennedy

McFADDEN, Justice.

This action was instituted by Dave Dalby, the plaintiff-respondent, to recover $905.18, allegedly due from Fred R. Kennedy, defendant-appellant, on an open account for goods sold and delivered by respondent to appellant between April 30, 1961, and March 8, 1963. By his answer appellant interposed a general denial. After trial the court sitting without a jury, entered its memorandum opinion (which was adopted as a part of the findings of fact), findings of fact, conclusions of law and judgment in favor of respondent for the balance of the account, plus interest. Kennedy has…