156 Ky. 721 | Ky. Ct. App. | 1914
Opinion op the Court by
Affirming.
Lewis and Chambers brought this suit against S. S. Taulbee to recover on four notes, executed by Taulbee to them aggregating over $1,600.00. Taulbee by his answer admitted the execution of the notes and pleaded that the plaintiffs constituted and appointed him their agent for the sale of Studebaker wagons in the counties of Breathitt, Lee, Owsley, Perry, Knott, Magoffin, Morgan and Wolfe; that the notes sued on were executed by him for wagons received under this contract, and that by the terms of the contract he was to be credited by the sum of $2.50 for every wagon shipped into and sold in this territory by the plaintiff’s independently of him during the life of the contract; that during the life of the contract the plaintiffs independently of him sold and shipped into the territory in car lots and otherwise a large number of wagons, the exact number he could not tell, but the plaintiffs knew, and- that upon a fair settlement of the ‘matter he was not indebted to the plaintiff in any sum or amount. He called upon the plaintiffs to file in the action a statement from its books showing the exact num
The amended answer not having been verified the court should not have allowed it to be filed, and when on the same day his ■ attention was called to the fact, that it was not verified, he properly required the defendant to verify it and the defendant failing to comply with the-order, there was no abuse of discretion in striking it from the files, as it should not have been filed in the first place
Judgment affirmed.