James v. Dayton Rubber Manufacturing Co.

Dayton Rubber Manufacturing Company brought suit on account against John E. James, alleging a total indebtedness of $3662.81, an itemized account being attached to the petition. The defendant filed an answer and cross-petition to which the plaintiff demurred generally and specially. The court sustained the general demurrer of the plaintiff to the cross-petition, to which ruling the defendant filed exceptions pendente lite. On the trial the jury found for the plaintiff $2952.26 principal. The defendant moved for a new trial, which motion was over*512ruled. The defendant excepted to the overruling…