Cassell Motor Co. v. Gonzales

OPINION OP THE COURT

BICKLEY, J.

A suit was brought by appellee (plaintiff) upon an open account for gasoline and supplies furnished appellant and for repairs upon appellant’s automobile. The original answer of appellant does not appear in the record, but presumably it presented some counterclaim based upon an alleged oral contract growing out of the purchase of a Nash car, for we find in the amended reply of appellant an allegation that the contract set forth in defendant’s counterclaim was reduced to writing and a copy of such writing attached to the amended reply. Appellant thereupon filed a…