Johnson v. Jones

STATEMENT OP THE CASE

REYNOLDS, J.

Plaintiff sued defendant for $128.74, alleged to be a balance due upon an open account. Defendant pleaded payment.

On these issues the case was tried and judgment was rendered in favor of the plaintiff for the amount sued for, less a credit of $15.00, and defendant appealed.

OPINION

Defendant pleaded payment. He testified (Evidence page 7):

“I have paid every nickel that there is on there; I have overpaid what is on there, and Johnson owes me.”

The correctness of the account sued on being admitted, the only question that remains in the case is the correctness, vel…