Spencer v. Sowers

The opinion of the court was delivered by

Dawson, J.:

On December 11, 1922, plaintiff brought an action against defendant for $1,000 for money alleged to have been loaned by him to defendant on May 7, 1921, which the latter agreed to repay in one year from that, date with interest at 7 per cent per annum. Plaintiff alleged defendant’s default and prayed judgment for $1,000 and interest at 7 per cent per annum from May 7, 1921.

On April 16,1923, plaintiff, on his own motion, was permitted to amend his petition, and in it he alleged that defendant was indebted to him upon an account current, for…