Income Investors, Inc. v. Shelton

This action, as originally brought, was for the purpose of recovering a money judgment based upon an alleged account stated. The defendant, in his answer, pleaded usury as an affirmative defense against the complaint. The cause was tried to the court without a jury, and, after the issues made by the complaint and answer had been tried out, the defendant moved for a dismissal. The trial court indicated, in its ruling, a belief that the motion was well taken. The plaintiff then asked permission to amend the complaint and proceed with the trial of the action as one for an accounting, stating, in…