Esarey v. Buhner Fertilizer Co.

Judgment in the trial court was for appellee upon its complaint in two paragraphs, the first upon a note and the second upon an account.

Appellant complains (1) that the court erred in overruling its motion to strike appellee’s complaint from the files, (2) that appellee’s proof of a lost note was improper, (3) that recovery on a special contract was permitted where the action was on general assumpsit, (4) of error in the assessment of the amount of recovery, and (5) that the court failed to give full faith and credit to a judgment of the United States District Court of the Middle District of…