Tulsa Rig, Reel & Mfg. Co. v. Cameron-Flint Lumber Co.

HUTCHESON, Circuit Judge.

Appellee sued at law for a balance of $11,601.36 on an itemized, verified account for lumber and building material furnished appellant. Appellant in first an original, and later, a first amended answer and cross-action, sued for an accounting of profits growing out of, and for damages for breach of, a contract it pleaded it had made with appellant.

Demurrers having been on March 13, 1934, sustained to the amended answer-and *603cross-action, appellant filed its second amended answer. In this answer it pleaded payment by services rendered and in the alternative pleaded the…