Markham Warehouse & Elevator Co. v. Plotner

Appellant sued appellees to recover the contract price of 5,000 pounds of binding twine and certain brokerage, all amounting to $550. This is a second appeal; the opinion on the former appeal being found in 122 S. W. 443, where a full statement of the case is made. The cause was heard by a jury, but after the testimony had been introduced, and appellees had tendered into court the amount of $82, the value of the twine used by them, the court instructed the jury to return a verdict for appellees, which was done, and the court rendered judgment that appellants should “have and receive the sum…