Nichols v. Island Gas Co.

Hatcher, Judge :

By notice of motion for judgment, the plaintiff seeks to recover a balance on a contract for drilling a gas well, which balance was alleged to be represented by a note of defendant. There is some confusion about whether defendant filed a formal plea of the general issue. An order entered November 14, 1932, filed for defendant (1) an affidavit (in statutory form) denying that it owed anything on plaintiff’s demand, (2) a special plea of non est factum to the note, and (3) a notice of recoupment which alleged that through plaintiff’s neglect the value of the well was diminished,…