The complaint-was in two counts, claiming for goods sold and delivered and on open count. Neither count was an instrument in writing or verified • account ascertaining the plaintiff’s demands. Code 3970 and 3971, §§ 5356, 5325. And the judgment being by default, without the intervention of a jury, the judgment is reversed and the cause remanded. Rhea v. Holston Salt & P. Co., 59 Ala. 182; Parsons Lbr. Co. v. West Co. et al., 163 Ala. 594, 50 South. 1034.

There are other questions in the record, but we think a decision of them is unnecessary.

Reversed and remanded.