Lindsey v. Heard Oil Co.

Pope, Judge.

Appellee sued appellant Lindsey individually and Masters Lumber Company, Ltd. (“Masters”) alleging a debt on an open account for petroleum furnished to Masters by appellee. Masters was served, but defaulted. Before trial but after the entry of the pre-trial order, appellee’s motion to amend the complaint was granted. The amended complaint alleged that appellant was exclusively obligated to appellee on a verbal promise to pay for goods received by Masters and that Masters was liable on an implied promise to pay for goods and services received. The jury returned a verdict for…