Leath v. Carr

Noel Carr sued G. W. Leath before a Justice of the Peace, the cause of action stated in the warrant being “a plea of debt by account under $500.” Carr had judgment for $229.56 before the Justice. Leath appealed to the Circuit Court. In that Court Carr filed a rather detailed statement of his cause of action, in which it was set out that he had purchased a stock of goods and fixtures from Leath for the price of $2,000; that Leath represented to him that there was only $1,400 of debts owing to Leath’s creditors; that thereafter Carr was required to, and did, pay said $1,400 and also $825 more…