Bryant v. Wellbanks

PARKER, J., pro tem.

This is an appeal hy defendant from a judgment rendered in favor of plaintiff, and there is brought for review the order of the trial court denying defendant’s motion for a new trial.

The facts will be given hereinafter as the grounds of appeal are considered.

The original complaint was filed on June 5, 1923, alleging that A. J. Bryant, doing business under the name of Bryant Produce Company, shipped certain tomatoes to Webster Wellbanks and W. P. Day, doing business under the firm name of Wellbanks & Co., for which no accounting was had, and alleging further the…