MISSISSIPPI TANK CO., INC. v. White

Ebbri-iardt, Judge.

Headnote 1 requires no elaboration.

In the state of the record, jury questions on material issues were presented by the evidence and the motion for judgment n.o.v. must fail.

Inasmuch as the defendant’s evidence disclosed that one of the tanks plaintiff was notified to pick up had been used, thereby rendering the defendant liable for it even under his con tentions that there had been a mutual departure from the terms of the written contract, as set out in his amended answer, to the effect that the tanks consigned to the defendant were to be paid for by him “in the event the…