Richardson v. Smith

The appellant sued the appellees to recover a balance which was alleged to be due him for six hundred and thirty-three cases of tomatoes purchased of him by them. The declara tion contains most of the common counts, a bill of particulars was demanded and filed and issue was joined on the general issue pleas. At the conclusion of the plaintiff’s testimony, the Court below granted two prayers taking the case from the consideration of the jury. One of them instructed the jury that the plaintiff had offered no legally sufficient evidence entitling him to recover, and the other that there was no…