Sherman Mercantile Co. v. Mountain Ice & Coal Co.

This is an action to recover possession of certain cases of eggs stored in the warehouse of the Mountain Ice and Coal Company.

At the close of the plaintiff’s case, on motion, the court directed a verdict for the defendant, the Jagger Produce Company, and entered judgment accordingly. To review that judgment the plaintiff, the Sherman Mercantile Company, comes here on error. The Mountain Ice and Coal Company was eliminated from the case by stipulation.

After declaring the corporate existence of the parties, the complaint alleges, in substance, that on September 1, 1927, the plaintiff was the…