Arkansas Louisiana Gas Co. v. R. O. Roy & Co.

O’NIELL, Chief Justice.

The plaintiff is suing for the price of gas sold to the defendant in the period from October, 1936, to January, 1937. The district court gave the plaintiff a judgment for the amount sued for, — $2,267.27, with interest at 5 per cent, per annum from March 15, 1937. The defendant is appealing from the decision.

Before answering the suit the defendant filed a plea styled “Plea of Prematurity”. As this plea presents the main issue in the case, we' quote the allegations and the prayer in full, — thus:

“That in the spring of 1938 it [the. defendant] had under consideration the…