Danley v. Marshall Lumber and Mill Company

The Circuit Court of Montgomery County rendered a judgment in favor of appellee and against appellant on Count 1 of the complaint (all other counts being eliminated by amendment), which claims $3,039.19 due from defendant by account on, to-wit, the 31st day of March, 1962, “which sum of money is still due and unpaid.” The count comports with the statutory form in § 223(10), Title 7, Code 1940, and is sufficient. Defendant here appeals.

The defendant filed pleas to the complaint: (a) not guilty; (b) Pleas II and III setting up the defense that the suit was based on a parol promise to answer for…