Whitewater Mercantile Co. v. Devore

(dissenting). — The action is to recover an alleged balance of $648.80, for goods, wares and merchandise alleged to have been sold and delivered by plaintiff to defendant at his special instance and request. The petition states that an itemized statement of the account is filed with the petition and made a part thereof. Omitting caption, the answer is as follows:

“Comes the defendant in the' above-entitled cause and for his amended answer and counterclaim, to plaintiff’s petition herein, admits that for the period of time covered by statement of account in plaintiff’s petition, parties…