Bedner v. Dunigan Tool & Supply Co.

Mr. Judge Taylor

of the Commission of Appeals delivered the opinion for the Court.

The controversy out of which this suit arose, as reflected by the original petition of Dunigan Tool & Supply Company, was concerning A. G. Bedner’s refusal to pay a balance of about $1,600 on a note signed by him for the original sum of $34,764.67. As reflected by Bedner’s verified original answer and the subsequent pleadings of the parties, the controversy in reality concerned his right to recover from the vendor company the full purchase price, plus interest, of a pumping unit alleged to have been guaranteed to…