Riverdale Beverage Corp. v. Brick & Whalen

Banke, Judge.

The plaintiff/appellee, sued the defendant to recover on an open account in the amount of $940.68. The defendant denied the alleged indebtedness and counterclaimed for damages in the amount of $5,700.00. All of the pleadings were verified. The plaintiff filed a motion to dismiss the defensive pleadings based on Code Ann. § 81-410, and the motion was granted by the trial court. Judgment was then entered for the plaintiff in the amount prayed for, plus interest. The defendant appeals. Held:

Code § 81-410 provides that “[w]henever a suit may be brought on an open account and the same…