Beacon Lamp Co. v. Lombard

Action for the agreed price of merchandise. Upon the trial in the municipal court of Lake City, there was a decision for plaintiff and defendant appealed to the district court where, upon motion, his answer was stricken as sham and judgment ordered for plaintiff. Defendant appeals.

Admitting the correctness of the account sued upon, defendant, after the service of the summons upon him, instead of tendering payment to plaintiff’s attorneys who resided in Lake City, sent his personal check to plaintiff at Chicago. The check was for the face of the claim and did not include anything for interest…