Ashland Oil & Refining Co. v. Phillips

DAVIS, Commissioner.

Ashland Oil & Refining Company, appellant, sued appellee on an account for merchandise, alleging a balance due of $2,230.71. The trial judge dismissed the complaint on the ground that the pleadings, a deposition, answers to interrogatories *450and admissions reflected that the “account owed by the defendant to plaintiff has been fully paid.” We sustained a motion for appeal, KRS 21.080. Appellant concedes that the trial court’s ruling is correct on the face of the statements of the account as originally filed, but insists that the court erroneously refused to permit appellant…