Baker v. Letzkus

Henna, Judge:

Orah B. Baker, plaintiff, brought an action in assumpsit against P. L. Letzkus in the circuit court of Brooke County for $750.00. At August Rules, 1931, plaintiff filed her declaration, containing only the common counts in assumpsit. Accompanying the declaration, she filed an affidavit in the nature of an account, containing the following language:

“The sum of $750.00 owing by the defendant to the plaintiff on the 17th day of June, 1927, when the said defendant received from the said plaintiff as the purported purchase price of Lot No. 56, in the Valley Terrace plan of lots,…