Thomas v. Atkinson

This“suit was brought by the appellee against *249the appellant. The complaint states, that the appellant purchased of the appellee twenty thousand eight hundred and sixty-four feet of black walnut lumber, for which appellant agreed and promised to pay at the rate of thirty-three dollars per thousand feet; that three hundred and eighty dollars had been paid, leaving due and unpaid three hundred- and fifty dollars, for which judgment was demanded.

Answer, first, general denial; second, payment. Reply of general denial to second paragraph of the answer. Trial by the court; finding for the plaintiff,…