New Orleans Furniture Manufacturing Co. v. Hill Furniture Co.

GILL, Chief Justice.

The appellant sued the appellee to recover upon an open account for $263.43. The appellee answered setting up that all of the account had been'paid except $91.78, pleading that that sum had been tendered prior to the suit and renewing the tender in open court.

The only issue was the truth of the pleas of payment, and a trial by jury resulted in a verdict and judgment in favor of defendant upon that issue.

Appellant complains of the action of the trial court in rendering a judgment in its favor for $91.78 on a general verdict in favor of defendant.

In view of the tender on the…