Fatherree v. Griffin

Appellants sued appellee on an open account for lumber sold and delivered; the deliveries covering a period of some five or six months. The sworn account exhibited with the declaration was not sufficiently itemized, and, on motion, a bill of particulars was ordered and was filed. To this sworn bill of particulars the defendant filed his counter-affidavit, the material part of the language of which is as follows: ‘ ‘ That each and every item on both of said accounts shown as charges against this defendant are incorrect. ’ ’

The counter-affidavit does not particularize wherein the sworn account…