Official Championship Speedway, Inc. v. Jupiter Broadcasting of Georgia, Inc.

Felton, Chief Judge.

The court erred in not vacating and setting aside the judgment dismissing the defendant’s answer and the final judgment against the defendant. While the petition alleges that the action is on “an account,” there are other kinds of “accounts” than “open” accounts. If this action is on any kind of account it is not an action on an open account. In some cases an action may be brought on open account where there is a contract relating to obligations declared on in actions on open account. In this case the executory contract is pleaded as a part of the petition. It deals in…