Stanford v. LINCOLN TANK COMPANY

OPINION

MASSEY, Chief Justice.

This is an appeal by writ of error from a default judgment granted on the theory that defendant Raymond Stanford, Jr., failed to file an answer.

Suit was filed by plaintiff, Lincoln Tank Company, against defendant Raymond Stanford, Jr. and James S. Person on a verified account, alleging an agreement to pay 8% interest after sixty days, alleging demand (but not alleging the demand was 30 days prior to filing suit) and asking for attorneys fees. Both defendants answered by general denial. On the 11th day of October, 1966, default judgment was rendered against both…