Metal Forms Corp. v. Clemans

This is a proceeding in error. The parties here hold the same relative positions as in the trial court, and will be referred to in this opinion as plaintiff and defendant.

The action was on a note given by the defendant,. Arthur Clemans, to plaintiff in the sum of $762.16; a second cause of action was set forth in the petition on an account. The second cause of action was disposed of in the trial court without objection or exception.

The second amended answer and cross-petition of defendant set forth a general denial of any amount due on the note, although its execution and delivery were…