Eagle Oil & Refining Co. v. Prentice

CARTER, J. —

Defendant appeals from a summary judgment for the sum of $2,879.87, together with interest and costs, entered against him pursuant to section 437c of the Code of Civil Procedure.

Plaintiff’s complaint was in two counts, one a common count for goods sold and delivered of the value of $32,364.44, of which it was alleged $29,484.57 had been paid, and the other, the balance due on a book account. Both involved the same indebtedness. Defendant filed an unverified answer in which he denied the indebtedness averred in the first count and as to the second count pleaded: “Denies that…