Ralston Purina Co. v. Pelican State Seed Co.

I respectfully dissent from the decision of the majority affirming the judgment rendered by the trial court.

In reviewing the evidence I believe that the trial court was manifestly in error and clearly wrong in making a finding of fact that plaintiff proved its merchandise was purchased and received by the defendant partnership. The invoices sued on were originally prepared by plaintiff showing sale and delivery of the merchandise, represented by the invoices, to another named partnership at an address other than the defendant partnership at its address. These invoices were then marked…