Paulson v. Babich

— The original complaint of respondent in this action was upon an account stated for the recovery of $697.69. After answer by appellant, which alleged certain new matter by way of confession and avoidance, respondent, apparently assuming that the issues under his original complaint might be too narrowly stated, filed and served an amended complaint, setting forth the facts giving rise to his claim in the same exact sum. To this amended complaint, appellant answered, averring certain new matter, again by way of confession and avoidance, and also cross-complained against respondent for alleged…