Levine v. Mitchell & Scott Co.

Opinion of the Court by

William Rogers Clay, Commissioner

— Reversing.

*381Appellee James W. Clark, trading and doing business under the firm name of Mitchell & Scott Company, brought this action against appellant Nathan Levine to recover possession of certain diamonds, or, in case the specific articles were not to be had, their value. The trial of the case resulted in a verdict for appellee for the possession of the diamonds and fixed the value thereof at $550.00. Prom the judgment based thereon, this appeal is prosecuted.

It appears from the evidence that appellee had an agent or salesman in the…