Bank of Highland v. Evans-Snider-Buell Co.

The opinion of the court was delivered by

McElroy, J.:

This action was commenced by the plaintiff in error, as plaintiff, in the district court of *81Wyandotte county to recover from the Evans-SniderBuell Company $1550, claimed as a balance due on a consignment of cattle sold by the defendant on commission. A trial was had before the court and a jury. The defendant interposed a demurrer to the plaintiff’s evidence, which was sustained, and judgment was rendered against the plaintiff for costs. It excepted, and presents the case to this court for review.

John Sparks and Katcliff Sparks, in November,…