Philley v. Toler

The appellee brought this suit on open account in the Circuit Court of Sunflower County against the appellant in August 1954. The case is now before us for the second time, a former appeal having resulted in a reversal and remand of the cause for a new trial. B. T. Philley v. C. D. Toler, 231 Miss. 512, 95 So. 2d 783. The amount of the appellee’s demand in his declaration as finally amended was $7,729.59. The appellant filed an answer and counterclaim wherein he denied any indebtedness to the appellee and asserted a counterclaim and overpayment, which, following several amendments, he alleged…