J. M. Radford Grocery Co. v. Noyes

McOLENDON, C. j.

Suit originally by Gus Noyes against the J. M. Radford Grocery Company (which we will call the company), to recover $600 rentals of a building in Ballinger, under a written contract for the period February 1, 1918, to January 31, 1919. The only question in the case was whether the execution of the contract sued upon was ever, in fact, fully consummated by the parties. There were two trials of the ease, each of which resulted in a judgment for plaintiff, the first upon a directed and the second upon a special issue verdict. The former was reversed on 'appeal to this court. See…