Oglesbee v. Ambrose

Citations

• 114 Miss. 493
• 75 So. 371

Syllabus

<p>Account. Action. Evidence admissible under pleadings.</p> <p>Where plaintiff sued for money advanced and material furnished to defendant at his request as shown by an itemized account attached to the declaration, and defendant filed a plea denying that he was indebted to plaintiff in the sum demanded or any part thereof and plaintiff’s husband testified that he was superintending the erection of a building for defendant, that defendant needed money to meet a pay-roll, and that he obtained from his wife, the plaintiff, the money for this purpose at defendant’s rerequestj but the defendant testified that plainiff’s husband contrasted to build the house for three thousand dollars, that when he had paid that amount he refused to make further payment and that the payments in question were made by plaintiff’s husband from his own funds, such testimony was admissible under de- ' fendant’s plea.</p>