Silver v. Crescent Hat Co.

The court erred in directing the verdict for the plaintiff.

DECIDED OCTOBER 21, 1939. REHEARING DENIED NOVEMBER 15, 1939.

The Crescent Hat Company sued R. Silver on open account for $225.75, the purchase-price of 11-1/2 dozen hats alleged to have been sold to the defendant, which she refused to take and pay for. The petition alleged that the hats were stored for the defendant's account. The defendant denied each paragraph of the petition. By amendment she admitted ordering the goods, but alleged that she canceled the order in writing on July 23, 1937; that she did not contract with the…