Lee Wayne Company, Inc. v. Pruitt

REYNOLDS, Presiding Judge:

Do the relaxed rules of pleading and evidence in a small claims procedure permit a plaintiff to recover on the basis of an affidavit and other evidence that is not authenticated by a witness?

The plaintiff, Lee Wayne Company, Inc., a foreign corporation, filed an action on the small claim docket to recover $140.83 from the defendant, Bill Pruitt, for “breach of contract for payment of money . . . .” The trial, postponed twice, was held on July 23, 1975. No witnesses were subpoenaed or sworn and neither party appeared personally, both making appearance by counsel.…