S. F. Bowser & Co. v. Bathurst

The opinion of the court was delivered by

Smith, J.:

The appellant in this case brought suit to recover the purchase price of a combined gasoline tank and pump. A verified account was attached to the petition and the petition alleged the account was true and correct.

The appellee, in answer, denied all the allegations of the petition not specifically admitted, specifically denied the correctness of the account, and denied that he was indebted to the appellant in any sum whatever. The answer further alleged that an agent of the appellant “told said defendant that if said pump and tank did not…