Smith v. Cauley

Ererhardt, Judge.

Plaintiff sued in the justice of peace court on a note and conditional sale contract for a used car. Defendant filed a general denial and pleaded a failure of consideration. The justice of the peace found for the plaintiff and the defendant appealed to the superior court. On motion, the judge struck the original answer with leave to amend. An amendment to the. answer attempted to raise the issues of fraud in inducing the execution of the contract *63and note, and accord and satisfaction. The judge again struck the answer on motion and entered a judgment for plaintiff. Defendant…