Nutter v. Abate Cotton Harvesting Co.

OPINION

CLAYTON, Justice.

This is a suit on open account. The nature of the case as set out in appellant’s brief and concurred in by appellee, is as follows:

“Suit was brought by Abate Cotton Harvesting Company, a Co-Partnership, Appellee, against Jonescutt Farms, Inc. and Jack O. Nutter, to recover on an open account sworn to by Appellee for the harvesting of a cotton crop on or about October 1,1964 allegedly owned by Jonescutt Farms, Inc. and Jack O. Nutter. Jonescutt Farms, Inc. failed to answer said suit; however Jack O. Nutter, Appellant, filed a sworn answer alleging the affirmative…