Kinsey v. Hubby-Reese Co. Inc.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Kinsey from judgment against him and in favor of plaintiff Hubby-Reese for $13,583.36.

Plaintiff is a wholesale grocer, and defendant purchased groceries from plaintiff for a long period of time. Defendant became delinquent on his open account, and on February 12, 1958, defendant executed a note payable to plaintiff for $24,000. in monthly installments of $200. The note further provided for 6% interest; and 10% attorney’s fees if the note be placed with an attorney for collection.

By 1971 defendant was again in arrears in his open…