Ross v. Crowder
Ross v. Crowder
Opinion of the Court
The defendant Crowder appeals from a judgment in favor of plaintiff for the sum of $550.
The complaint alleges:
“That on or about May 15, 1920, plaintiff sold and delivered to defendants at their special instance and request, one *89 40-H. P. F'airbanks-Morse Type N gas engine, for the sum. of $1350, to be paid for upon delivery of said engine.”
“That on or about May 17, 1920, defendants paid $800.00 on the purchase price of said engine, but the balance of $550.00 is still unpaid, due and owing. ’ ’
The defendants answered as follows:
“They deny that on or about May 15th, 1920, or at any time alleged in the complaint, or at all, they were indebted to plaintiff in the sum of $550.00, or any other sun; of money whatever, on account of anything alleged in said complaint; or that said sum, or any sum, was, when the action was begun, or is now, unpaid, or due, or owing.”
The answer raises no issue except as to the payment of the $550 alleged in the complaint to be due and unpaid. The evidence shows without contradiction that no part of the'$550 had been paid.
The judgment is affirmed.
Hart, J., and Burnett, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.