Myers v. Kansas Stone Products Co.

The opinion of the court was delivered by

Parker, J.:

This is an action on an account wherein the plaintiff recovered and the sole error relied upon on appeal is that the trial court erroneously deprived the defendant of its right to a trial by jury.

The pleadings are of little importance to the issue involved on appellate review. For informative purposes it may be said plaintiff commenced the action by the filing of a petition in which he alleged that from April, 1949, to August, 1950, he had furnished the defendant oil, gasoline, and grease at the special instance and request of its duly…