Charles Betcher Lumber Co. v. Devenney

Action to recover $72.39 and interest for lumber alleged to have been sold by the plaintiff to the defendant. Verdict for the plaintiff for the amount claimed, and the defendant appealed from an order denying her motion for judgment notwithstanding the verdict, or for a new trial.

The first alleged error to be considered is that the trial court erred in not dismissing the case for the reason that the evidence was not sufficient to justify a verdict against the defendant.

It is a conceded fact that the defendant personally never had anything to do with the alleged purchase of the lumber, but…