Miller v. Forest City Motor Co.

In order to decide the question in the instant case it is necessary to take a brief review of prior litigation between the same parties concerning substantially the same subject-matter.

On June 27, 1924, the defendant in error, the Forest City Motor Company, sued Stephen D. Miller and Sophia Miller in the municipal court for the recovery of a balance due on a trade acceptance issued for the purchase of an automobile. In October, 1924, the Millers filed a statement of defense setting forth three different grounds: First, they denied that they had failed to pay the amount sued for; second, they…