Lawson v. Dixie Feed & Seed Co.

Bell, Presiding Judge.

The motion to dismiss the bill of exceptions has no merit. It is denied.

Special ground 1 of the motion for new trial assigns error upon the following portion of the trial court’s instructions to the jury:

“If you believe that the defendant, U. A. Lawson, came- to Mr. Whitehead, the president of the plaintiff corporation, and acknowledged the correctness of the account and every item thereof, and you believe that by a preponderance of the evidence, then you should find for the plaintiff.”

There was evidence that the open account sued upon had become an account stated. The…