Russell v. Wineburg

This was a suit in the municipal court of Macon for “ Bal. to Mdse, as per acet. stated, $9.00, which deft, promised to pay, but which he failed to pay.” The defendant specially demurred to the use of the words “ Balance to merchandise ” in the statement, and the demurrer was overruled. The evidence of the plaintiff that the defendant had acknowledged the correctness of the account and had agreed to pay it, and of another person to the same effect, was entirely uncontradicted. The trial judge directed a verdict for the plaintiff, for the amount sued for, and the judge of the superior court…