Terry v. Esso Standard Oil Co.

Appellee, Esso' Standard Oil Co., sued appellant, A. O. Terry, on a verified open account on July 31, 1951, for merchandise sold and delivered to appellant in October and November, 1949, in the amount of $433.96. Service of summons was had on appellant on July 31,1951. August 24,1951, appellant filed demurrer, alleging that the complaint did not state a cause of action. September 24, 1951, before the court had acted on the demurrer, appellant filed unverified answer containing a general denial and the further allegation that “if defendant (appellant) ever owed the plaintiff (appellee) money…