Sanders v. Wilkerson

BOBBITT, Chief Justice.

The hearing before Judge Canaday was on plaintiff’s second motion for summary judgment and defendant’s answer thereto. The evidence consisted solely of defendant’s answers filed 29 July 1970 and 9 September 1970 to the interrogatories filed by plaintiff, this being the same evidence which was before Judge Bailey on 1 October 1970.

Defendant’s answers to plaintiff’s interrogatories disclosed defendant had collected a total of $8,667.53 from sales of gravel, sand and dirt removed from plaintiff’s farm; that the items making up this total of $8,667.53 were collected on…