Preston

The defendant appeals from the judgment which was rendered for the amount demanded in the complaint. The (fourth amended) complaint alleged that plaintiff’s assignor sold and delivered to the defendant at his special instance and request certain goods reasonably worth a certain stated amount; that the defendant has failed and refused to pay said amount, except a sum for which credit is given,- that there is due, owing, and unpaid from defendant to plaintiff upon an open book account of said goods a balance of $386.54. The answer denied the allegations of the complaint and for further answer alleged that the defendant entered into a verbal agreement with the plaintiff’s assignor, under which said assignor agreed to sell and deliver to defendant a well outfit complete for the sum of $310; that defendant paid on said contract the sum of three hundred dollars, and admits that the remaining $10 has not been paid. The bill of particulars furnished by the plaintiff and taken from the assign- or’s ledger shows that the.amount charged for the items which the defendant includes in the alleged $310 contract was $95, plus $490.71. This difference in their contentions constitutes the real…