McCaffrey v. Bradford Milling Co.

Robinson, J.-

Appellant appeals from a judgment in favor of appellee, an Ohio corporation, for the price of milling machinery furnished under a written contract. The only questions discussed relate to the correctness of certain instructions to the jury.

Appellee argues that the evidence is not before this court. On September 9, 1897, the clerk certified to the transcript which was filed in this court May 31, 1898. The act of March 8, 1897 (Acts 1897 p. 244) was then in force. What may be termed the caption to the bill of exceptions containing the evidence is by no means a model; but from it we…