Drinkard v. Premier Refining Co.

SAMFORD, J. 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. Footnotes [1] —-T?nr other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes