Taylor v. Roberson

OPINION

MASSEY, Chief Justice.

A dentist, Frank Roberson, brought suit against Harold Taylor, his former patient, for the balance owing for dental services to defendant and his wife. Upon a trial before the court without a jury the plaintiff obtained a judgment for the amount found to be due and owing and for attorney’s fees incident to their recovery by suit. The defendant appealed.

We affirm.

The form of pleadings by which issues were joined was that of “sworn ac*158count”. Upon trial the substance of the evidence obviously converted the case to one wherein the plaintiff sought recovery against the…