Baggett v. Sims

This is an appeal from a judgment of the Circuit Court of Morgan County, denying Baggett's demand for a jury trial. We reverse and remand for a jury trial on the merits.

Sims filed a two-count complaint, on July 14, 1977, alleging $23,500.00 due by open account and $23,500.00 plus eight percent (8%) interest per annum for machinery and equipment allegedly sold and delivered on an oral contract. On August 12, 1977, Baggett served a motion to dismiss for failure to state facts upon which relief could be granted. This motion was overruled on September 13, granting Baggett twenty days in which to…