Kemp Furniture Co. v. Murrell

CULPEPPER, Judge.

This is a suit on an open account. Plaintiff alleges it sold and delivered furniture to the defendants, L. O. Murrell and South-Way Furniture, Inc., on which there remains due and unpaid the sum of $3,000. South-Way Furniture, Inc., defended on the grounds of a discharge in bankruptcy proceedings. Murrell defended on the grounds that he did not purchase the furniture nor did he give any written promise to pay the debt of the purchaser, South-Way Furniture, Inc., hence parol evidence cannot be received, LSA-C.C. Article 2278. From an adverse judgment, plaintiff appealed.

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