Mayer Coal Co. v. Stallsmith

The opinion of the court-was delivered by

Burch, J.:

The plaintiff was defeated in an action against the defendant for the recovery of money, and appeals.

The charging part of the petition reads as follows:

“Plaintiff states that the defendant is indebted to it in the sum of two hundred and fifteen dollars and ninety-three cents ($215.93) upon an account for goods, wares and merchandise, sold and delivered to the defendant at his special instance and request. That on May 13th, 1911, an agreement was had between the said plaintiff and defendant, which said agreement was oral and was in substance…