Lewallen v. Dalton Auto & Machinery Co.

The Dalton Auto & Machinery Company sued A. J. Lewallen in a justice’s court on an open account for $39.70. An itemized statement of the account was attached to the summons, as follows: “8-5-36, money lent debtor by creditor to meet his G. M. A. C. note, $7.96; 8-25-36, same, $8.37; 10-3-36, same $8.37. Wrecker and pulling bill on 11-2-36, $15.” The defendant filed a plea and answer denying that he was indebted to the plaintiff in the sum sued for or in any other sum whatever, and further alleged as follows: “ Defendant by cross-action and suit says that the Dalton Auto & Machinery Company is…