Story v. Jorris

MILLIKEN, Justice.

Appellee, Mrs.' Anna Ellen Jorris, instituted this action against appellant, R. P. Story, alleging that he had converted certain of her lumber and building materials to his own use without her consent. Appellant’s original answer traversed the allegations* of her petition, but later he filed an amended answer in which he pleaded *657affirmatively that appellee’s son, William, was her agent for the sale of this property and that William sold it to him. A failure to reply to the amended answer was not called to the attention of the trial court and the case proceeded to trial as if…