General Service Garage v. Lexington Oil Co.

Opinion op the Court by

Judge Baird

Affirming’.

The Lexington Oil Company, a corporation, has recovered judgment against the General Service Garage, a corporation, for the sum of $615.67 with interest from October 12, 1934, and the latter is appealing.

In its petition appellee sued for the amount recovered with interest which it alleged was the balance due on an account for gasoline, oil and grease sold and delivered to appellant at its special instance and request. Appellant’s original answer was merely a general denial of the allegations of the petition.

Upon motion of appellee and without…