Woodruff & Co. v. Saul

Crawford, Justice.

W. W. Woodruff & Company sued W. S. Saul on an .account for the sum of $116.05 ; the defendant filed no plea, but answered at the first term, and relied upon that as the filing of the general issue. Under amendments made to the plaintiffs’ declaration, and the testimony submitted, the case finally turned upon the liability of the defendant to pay the account, notwithstanding the fact *272that the plaintiffs, under a deed of assignment, had agreed to accept fifty cents in the dollar in full payment of the said debt. This liability was claimed upon the ground that this acceptance…