Bear v. Swift & Co.

LAWSON, Justice.

The appellee sued the appellants declaring through counts on an open account, an account stated, and for merchandise, goods and chattels sold by appellee to appellants. The complaint recites that a verified statement of account is filed therewith. There was affidavit by appellants, defendants below, denying the correctness of the verified statement of account so filed.

Upon the conclusion of the evidence, the trial court gave affirmative instructions in favor of the defendants -as to Counts 2 and 3. The case went to the jury on plaintiff’s Count 1, which declared upon an open…