Spangler v. United States Rubber Co.

This is an action on a written guaranty-signed by appellant guaranteeing payment to appellee for certain goods sold on credit to Bud Carson Tire Service, Inc. The issues upon which the case was tried were formed by appellee’s complaint, appellant’s answer in two paragraphs, and appellee’s reply to the second paragraph of answer. The reply was filed on February 21, 1956, thereby placing the cause at issue.

On November 13, 1956, approximately eight and one-half months after the cause was at issue and had been assigned for trial, appellant filed a counter-claim and request for jury trial.…