Standard Oil Co. v. Myers

THOMAS, Justice.

The trial was had on the common counts.

Where a contract has been executed by the parties thereto and all that remains is the payment, of the amount due therefor under the contract, the party to whom the consideration is-due may maintain an action therefor in the form known as the common counts. Code, § 9531, forms 10 and 11.

The defendant says it is not indebted, and that it has paid plaintiff all sums due under the contracts alleged.

It is undisputed that at the inception of the parties’ dealings there was a written lease and an agency contract signed by the parties. The…