Day v. Andersen

MURRAY, Justice.

E. M. Day, appellant, instituted this suit in the county court of Willacy county against C. C. Andersen, alleging that Andersen entered into a contract with him to purchase about two thousand fruit trees and had breached this contract, whereby appellant was damaged in the sum of $985.85.

When appellant rested his case, appellee moved for an instructed verdict, which was granted by the trial court. Appellant assigns such action of the trial court as error. The evidence does not show that Andersen ever entered into such a contract with Day. It is shown that negotiations were…