Jones v. Prather

The opinion of the court was delivered by

Johnston, C. J.:

A. D. Jones brought this action against C. M. Prather to recover on an account which consisted of automobile supplies furnished, car rent and car services, amounting to $120.74.

The defendant denied the alleged indebtedness and also presented a counterclaim for damages as against anything owing by him. On a trial the jury found generally for defendant, but did not fix the amount of recovery. A motion for a new trial was made by plaintiff, which was granted by the court, on the grounds that error had been committed in an instruction given…