Johnston v. Lanter

*33The opinion of the court was delivered by

Smith, J.:

The appellee received from the Cummings-Moberly Cypress Lumber Company, of Moberly, La., in the.month of February or March, 1909, three -carloads of lumber in which there were included 79,500 laths. The aggregate bill for the lumber and laths was $1645.24. Payments were made thereon of $1289.44, leaving a balance of $355.80. The Cummings-Moberly company assigned the account to O. H. Johnston, of Wichita, Kan., who brought suit in the district court of Johnson county to recover the balance on the account. In. his petition, he alleged the facts…