Hill
Hill v. Nerle
Opinion
Lead Opinion
Appeal from judgment upon the judgment-roll alone.
The plaintiff’s complaint in this action consisted of two counts: One for the sum of $190.85, alleged to be the balance due for goods sold and delivered by plaintiff’s assignors to the defendants; the other for the sum of $217.50, alleged to be due to the plaintiff’s assignors from the defendant for moneys advanced for the payment of freight and transportation charges, etc., upon the goods alleged in the first count to have been sold and delivered to the defendants. The defendants answering denied generally and specifically all of the material allegations of the plaintiff’s complaint. The complaint was verified; the answer was unverified. The case went to trial upon the pleadings as presented, and the trial court made its findings of fact, wherein it found that the sum of $336.36 was due from the defendant for the goods sold and delivered, notwithstanding the fact that the complaint alleges in the first count that there was due for and on account of such sale only the sum of $190.85. The trial" court further found that the defendants did not, as alleged in the second count of the'complaint, become indebted to plaintiff’s…