Patterson v. Smith Bros. Grain Co.

Mr. Presiding Judge GALLAGHER

delivered the opinion of the Commission of Appeals.

This ease is before us on a certificate from the Honorable Court of Civil Appeals for the Second Supreme Judicial District. The facts recited are taken from said certificate. The parties are designated as in the trial court.

Smith Brothers Grain Company, a partnership, brought suit in the District Court of Tarrant County, Texas, against C. E. Patterson to recover damages in the sum of $1050.00 because of an alleged shortage in weight and variance in grades of four cars of oats purchased by said plaintiffs from said…