American Druggists' Syndicate v. Holt Drug Co.

Appellant sued appellee for $336.25, on a verified account for goods, wares, and merchandise sold and delivered by appellant to appellee. It complied with the statute fully. The appellee filed an answer containing general and special demurrers, followed by certain defensive matters, but it was not verified before the parties announced ready for trial, or ever, as the statute requires. The statute provides:

“When any action or defense is founded upon an open account, supported by the affidavit of the party, his agent or attorney, taken before some officer authorized to administer oaths, to the…