Continental Lumber & Tie Co. v. Miller

Continental Lumber & Tie Company prosecutes this writ of error from an adverse judgment in an action instituted by it against P. H. Miller to recover for two car loads of lumber as upon a verified account under the statute.

[1] The contention that the trial court should have instructed a verdict for plaintiff in error cannot be sustained. The insistence seems to be that, since a demurrer was sustained to the cross-plea of defendant in error, and since plaintiff in error’s cause of action was evidenced by a verified account under the statute, there remained nothing, therefore, to be determined…