Stone v. Payne

COMBS, Justice. ■

The appellees, Eugene Payne and Citizens State Bank of Woodville, brought this suit against appellants, J. E. and Clyde. Stone, doing business as J. E. Stone Lumber Company, for the sum of ..$1,-687.21, alleged to be due Payne for timber which he sold and delivered to J. E. Stone Lumber Company. There was no dispute as to the quantity of timber involved. The sole controversy was as to the value of the timber. Plaintiffs contended it was worth $12 per thousand feet, the defendants that it was worth considerably less. The case was submitted to the jury by the following issue:

“Wh…