Southwire Co. v. Franklin Aluminum Co.

Jordan, Judge.

The plaintiff filed suit on open account to recover a judgment in the amount'of $8,351.66 for materials allegedly sold and delivered to the defendant for which payment had not been made. The defendant in its answer admitted that payment had been refused but denied that it had received the goods representing the amount sued for and filed a plea of accord and satisfaction.' Upon the call of the case for trial the plaintiff made an oral motion to strike paragraphs 4 through 11 of the defendant’s answer from the pleadings on the ground that the allegations contained therein were…