American Indemnity Co. v. Burrows Hardware Co.

This is a suit by appellee on an open account against appellant, G. Q. Mauldin, and the Consolidated Petroleum Company. It is ascertained that it was an open account only by a reference in the second amended petition to an exhibit attached to the original petition, and fee account was not introduced in evidence. When amended pleadings are filed, the former pleadings are discarded, and the amended pleadings cannot be aided by a reference to the former pleadings. It is unnecessary to say, perhaps, that when an open account or other instrument is sued upon it should be introduced in evidence.…