Renfro v. Smith

Opinion by

Parker, J.,

In this action in assumpsit the plaintiffs have a judgment after the verdict of a jury and the defendant has appealed to this court complaining of the refusal of his motion for judgment n. o. v. Each of the parties withdrew a motion for a new trial.

We will review the evidence in accordance with the established principle that the evidence must be viewed in a light most favorable to the plaintiffs who have the benefit of a verdict of a jury. Defendant, a cigar manufacturer, employed one F. Llano to sell his product in Texas. On January 23, 1936, Llano accepted a written…