Adkins v. Belcher

CULLEN, Commissioner.

N. F. Belcher, d/b/a Belcher’s Restaurant, recovered judgment upon a jury verdict against Frank L. Adkins, d/b/a Ohio Valley Candy Company, in the amount of $1,500, as damages for breach of warranty in the sale by Adkins to Belcher of a frozen custard-making machine. Adkins has moved for an appeal, asserting among other grounds of error that the action should have been dismissed for lack of venue.

In the original complaint filed in the Floyd Circuit Court Adkins and Mills Industries, Inc., were named as defendants. However, no summons was issued against Mills Industries…