Dixie Stock Yards, Inc. v. Ferguson

From a judgment in favor of the appellee for the purchase price or value of certain cattle sold and delivered by him to one G. C. Beavers, and which were thereafter carried to the place of business of the appellant, the Dixie Stock Yard, Inc., and later sold through its auctioneer, the appellant prosecutes this appeal and assigns as error, among other grounds, the refusal of the court below to grant a peremptory instruction in its favor.

The declaration was in three counts, but the case was submitted to the jury only on counts two and three, and there is no cross-appeal. To determine whether…