Dayton Scale Co. v. Capps

Plaintiff, Dayton Scale Company, brought this action to recover judgment • against defendant, J. W. Capps, for a balance alleged to be due on the purchase price of merchandise ordered by an employee of defendant for the account of the latter. It alleged that the merchandise had been delivered and that defendant had admitted the purchase and had made payments on the purchase price.

*650Defendant excepted that the petition failed to state a right or cause of action,which being referred to the merits, defendant answered, pleading, a general denial, and the cause being tried and submitted and judgment…