Balhorn v. Startz

This was a suit upon open account brought in justice’s court by A. G. Startz against T. J. Balhorn in November, 1924. From a judgment taken five years later by Startz in the absence and without the knowledge of Bal-horn, the latter took the case to the county court on writ of certiorari. In a trial in the county court Startz recovered, and Balhorn has appealed.

Startz operated a dairy and sold milk at wholesale to one Haby, who operated a milk route from his premises. Startz usually delivered this milk daily in fixed quantity and price, at Haby’s place.

On March 14, 1924, Haby contracted to…