Kirk v. Farmers Aerial Spraying Service, Inc.

ELLIS, Chief Justice.

This is an appeal from a judgment overruling a motion for new trial in a suit in which a default judgment was granted after the defendant had answered but failed to appear when the case was called for trial. Reversed and remanded.

Farmers Aerial Spraying Service, Inc., plaintiff-appellee, brought suit on a sworn account alleged to be due and owing by A. D. Kirk, defendant-appellant, for goods, wares, merchandise and/or services furnished, together with interest and attorney’s fees. The plaintiff’s original petition was filed on January 18, 1972. The defendant’s original…