Blackwell Durham Tobacco Co. v. Jacobs

JAMES, Associate Justice.

This is an action on a sworn account for goods sold and delivered to Jacobs, the account showing 4850 pounds of tobacco sold at various dates for $3,055.50 as the debit and various items of credits amounting to $2,798.96, leaving a balance of debit of $256.04.

The answer was a general denial and a sworn plea as follows: “That said itemized account aforesaid shows a balance of $256.04, when in truth and in fact the balance due and owing plaintiff by this defendant is only the sum of $13.54, which this defendant is ready and willing to pay. That plaintiff (defendant)…