Russell v. Buxton

Wilson, O. J.

Defendant appealed from an order denying his alternative motion for judgment non obstante or a new trial.

Plaintiff, a farmer, lives about seven and one-half miles from Austin. On Tuesday, November 27,1928, at about four o’clock p. m. defendant gave plaintiff a check of $82.50 for a cow. The check was drawn on Farmers & Merchants State Bank at Austin. The next day, Wednesday, plaintiff stacked corn fodder. Thursday was Thanksgiving Day. On Friday and Saturday plaintiff again stacked corn fodder. The next day was Sunday. Monday, December 3, 1928, plaintiff went to Austin and about…