Ehrlich v. Willis Music Co.

This is an appeal by the plaintiff from a judgment in his favor for $23.17 at a trial without a jury, rendered at the close of his evidence. The appeal, thérefore, raises the question of whether there is evidence of ultimate facts which require a judgment for a larger sum.

In his amended bill of particulars, the plaintiff al leged that he purchased an Admiral television set and paid the purchase price of $23.17 in full therefor, that the defendant refused to deliver said television set to him, and that, by reason thereof, he had been damaged in the sum of $274.95, for which he prayed judgment.

T…