Moore v. Schank

This is an action to recover the balance due on an open account for goods sold- and delivered. Plaintiff recovered a judgment. Defendant’ appeals. We require a remittitur and, subject thereto, affirm.

After several pleadings had been filed in this action, plaintiff secured permission to file and filed an amended petition. This matter went to trial upon the issues presented by plaintiff’s amended petition; defendant’s answer, counter-claim, and set-off; and plaintiff’s reply and answer to counter-claim.

Plaintiff’s petition sets out four causes of action. In the first cause of action plaintiff…