31 P. 804 | Idaho | 1892
This action was brought in the probate •court of Elmore county upon a demand for goods, wares and merchandise sold and delivered to the respondent, and for cash advanced to respondent, claimed to be of the value of $563.83, and that respondent is entitled to a deduction of forty-one dollars from said amount because of certain indebtedness due from appellant to respondent. The respondent interposed an answer, which was demurred to by appellant. The demurrer was sustained, and thereupon respondent filed his amended answer. A general demurrer was interposed to the amended answer, and overruled by the court. The case was tried by the court without a jury, and judgment entered in favor of respondent. Thereupon the cause was appealed to the district court, and there tried before the court with a jury, and a judgment •entered in favor of the respondent. This appeal is from said judgment of the district court, on the judgment-roll alone.
The only question for determination is as to whether the court erred in overruling the demurrer to the amended answer. The cause of demurrer therein stated is that the amended answer does not state facts sufficient to constitute a defense to appellant’s action, or a counterclaim, or a cross-action. The appellant, who was plaintiff in the court below, states his cause of action in the first paragraph of his complaint, and it is as ■follows: “The plaintiff complains and alleges that the defendant is indebted to the plaintiff in the sum of $565.83, upon an account for goods sold and delivered, and cash, money of the United States, advanced by the plaintiff to the defendant, at
