Starry v. Hamilton

GIVENS, Chief Justice.

Appellant’s complaint in the Probate Court of Twin Falls County alleged that "between certain dates he had sold and delivered to one Morgan, at his instance and request and upon his promise to pay, “groceries and other merchandise of the value •of $871.43, no part whereof has been paid save sums totaling $640.00, and that there is now due and owing from defendant for •said merchandise the sum of $231.43 and .interest thereon at six per cent per annum from April 1st, 1950.”

Morgan was personally served, failed to appear and his default was entered.

The Probate Judge denied…