Oil Well Supply Co. v. Metcalf

Plaintiff’s action is on an account for goods, wares and merchandise sold to defendants. The verdict in the circuit court was for plaintiff; but afterwards that court sustained a mo*557tion for new trial on the ground of error in “giving improper instructions on behalf of plaintiff, and for failure to give proper instructions in behalf of defendants.” Plaintiff thereupon appealed and seeks to have the verdict reinstated and judgment rendered thereon.

Preliminary to consideration of the case we will say that in stating the facts we will confine ourselves to what the evidence in plaintiff’s behalf…