Smith v. Rich's, Inc.

Clark, Judge.

The appeals in this case are from an action upon open account for merchandise amounting to $1,080.99. The complaint of Rich’s, Inc., alleged defendants Mr. E. Raiford Smith and Mrs. E. Raiford Smith (now Joyce Payne), formerly husband and wife, were jointly and severally liable to it for the indebtedness. At the trial both defendants admitted the debt was unpaid thereby establishing that Rich’s, Inc., was entitled to recover of one defendant or the other.

Mr. Smith admitted his liability to be $50.25 but contended that the balance of the account was the liability of his ex-wife.…