Lamont Mercantile Co. v. Piburn

Opinion by

BREWER, C.

The ■ Lamont Mercantile Company sued the defendant, J. A. Piburn, in a justice of the peace court to recover the sum of $145.55 on account for goods, wares, and merchandise. Plaintiff filed a bill of particulars, in which it alleged, in substance, that on October 1, 1910, defendant was indebted to it in the ■ sum of $354.55 for goods previously sold him, at which time he made a payment thereon of $250, which left a balance due of $104.55; that this balance was struck and given to defendant, who kept it for a number of months, without objecting as to the amount thereof, and…