Donahue Investment Co. v. H. E. McMasters Co.

FRASER, Justice.

This is an appeal from the District Court of Midland County. The case was tried to the court without a jury, and, at the conclusion of the evidence, the court granted a money judgment in favor of the ap-pellee.

Plaintiff, who is appellee here, brought this action to recover the wholesale value of a number of Bendix freezers. These freezers had been sold by plaintiff to the National Food Club, Inc., at Midland. Plaintiff testified that he understood from M. M. Gilliam, president, that these freezers were to be parceled out to the public on some food purchasing plan. The National…