Farad Co. v. Buckalew

This suit was instituted by appellant in the court of a justice of the peace and was founded on a written contract between the parties. The affidavit by appellant, which served as the initial “written statement of the cause of action,” referred to the said written contract as an exhibit and by other appropriate recitals the said contract was made a part of, and a copy of the contract was actually attached to, the affidavit, all as contemplated by section 2730, Code 1906 (section 2384, Hemingway’s Code 1927).

The appellee did uot by sworn plea deny the execution by him of said written…