Gregory v. Newsom

MeCLENDON, C. j.

Suit by J. T. New-som, doing business under the trade-name of Southwestern Music Company, against Holland Y. Gregory, to recover a piano or its value. Trial by jury. Judgment for plaintiff for $250, the amount sued for, and costs upon a directed verdict. Defendant has appealed.

The ’controlling question in the case is whether there -was any issuable fact which would support a verdict in defendant’s favor.

Plaintiff was engaged in the piano business in Corsicana. Defendant resided near Street-man. On December 14,1923, plaintiff shipped the piano from Corsicana to Streetman under…