Williams v. Commercial Tire Co.

Jordan, Judge.

Properly construed, this was an action on open account and not a suit on an unconditional contract in writing. Gordy Tire Co. v. Bulman, 96 Ga. App. 739 (1) (101 SE2d 220). Accordingly, the defendant’s answer which denied the allegations of indebtedness and demand for payment was sufficient to set forth an issuable defense to the action and the *88trial court erred in dismissing the answer and in entering a default judgment in behalf of the plaintiff. Jones v. Hodges, 21 Ga. App. 594 (1) (94 SE 831); De Soto Plantation Co. v. Hammett, 111 Ga. 24 (36 SE 304); Keiser v. American Exp.…