Consolidated Kansas City Smelting & Refining Co. v. Gonzales

ELY, Associate Justice.

Appellee sued appellant to recover-the sum of $2433.60, alleged to be due him for twenty-six tons of copper ore converted to its own use by appellant. Appellant answered by general denial and pleaded that the ore was received under a custom that the value should be ascertained and that appellant should not pay for it unless it contained three percent of copper, and that less than that percentage was valueless and that the ore in question contained less than three percent and appellee had been notified of that fact but had abandoned the ore. The cause was tried by a jury…