Jackson v. Cantrell

HARWOOD, Judge.

The complaint below contained .two counts. Count 1 claimed $805.75, due from defendant for goods, wares, etc., and count 2, as amended, claimed the same amount due as the purchase price of 16,115 pounds of cotton seed, at $5 per hundred pounds, or $100 per ton, etc.

The defendant filed a plea of res judicata, to which plaintiff’s demurrer was sustained.

The demurrer was properly sustained since the plea failed to assert a final determination of the issues by judgment entered.

The defendant then filed a plea of tender, asserting that he had tendered to the plaintiff $560.07, and…