Brooks Tire Machine Co. v. Shields

RICE, Associate Justice.

Appellant, as plaintiff, sued appellee, as defendant, in the Justice’s Court upon a verified account to recover the sum of $160, with legal interest thereon, being the price of one Brooks tire setter sold by it to him on or about September 2, 1905; and in its petition filed in connection with said account, alleged that said sum of $160 was the agreed price to be paid therefor.

Appellee answered admitting in writing, as prescribed by rule 31, that plaintiff had a good cause of action as set forth in its account and petition filed herein, except insofar as the same might…