Lowrey Chevrolet, Inc. v. Foster

AYRES, Judge.

This is an action to recover of the defendant for services allegedly performed by plaintiff on a truck owned and operated by one Preston Speight. Plaintiff alleged an agreement with the defendant, under the terms of which the latter agreed to pay for said repairs. Plaintiff claims an additional sum for repairs to the personal automobile of defendant.

Under the assumption that plaintiff’s claim was predicated upon defendant’s alleged promise to pay the debt of a third person, defendant filed and urged an exception of no cause and of no right of action, first, on the ground of…