Frye v. Switzer

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as Frye and to defendant in error as plaintiff.

In the complaint filed in the trial court plaintiff alleged that Frye was indebted to Professional Paints, Inc., in the amount of $539.07, which claim had been transferred to him for collection. Upon demand of Frye a bill of particulars was filed which clearly indicated the complaint was based on an open account carried on the books of Professional Paints, Inc., in the name of “Dennerly & Fry.” Frye denied liability on the claim. The issues were tried to the court without a jury. The…