Oster v. Rich's, Inc.

Smith, Judge.

The complaint alleges the defendant, appellant, was indebted to the complainant, appellee, "in the sum of $362.80 . . . upon an open account for goods, wares and merchandise sold and delivered” and that said "account is past due and unpaid and payment thereof has been demanded from the defendant, but defendant has failed and refused to pay the same.” These allegations were denied by the answer. Upon a trial before the trial judge without the intervention of the jury, a judgment containing the following recitations was rendered in favor of the complainant: "This case coming on for…