Roanoke City Mills, Inc. v. Whelchel

RIVES, Circuit Judge.

Roanoke City Mills sued Wade H. Whelchel for $52,189.62 for chicken feed sold him on open account. The defendant moved for a more definite statement and plaintiff’s response disclosed that plaintiff between May 12, 1948 and June 18, 1951 sold and delivered to the defendant chicken feed for an aggregate sale price of $173,834.98, upon which the defendant had paid $121,645.36 leaving a balance due and unpaid of $52,189.62.

At a pre-trial conference, counsel for the respective parties entered into a stipulation defining the issues as follows:

“The defendant admits purchasing…