Weaver v. Fickett

The complaint alleges that the “plaintiff advanced to and for the use and benefit of said defendants . . . $4,779.35, which said amount defendants agreed to repay to said plaintiff, . . . but said defendants failed and refused to repay the said sum or any part thereof.” The prayer is for judgment in the amount alleged. The answer consists of denials of the allegations of the complaint. Judgment was entered in favor of the plaintiff for $1,743.91 and costs of suit, and the defendants have appealed.

The defendants demanded a bill of particulars and, in response thereto, plaintiff served on them…