W. T. Rawleigh Co. v. Hannon

CARR, Judge.

In the lower court plaintiff, appellant here, prosecuted its case against appellees as guarantors for T. S. McCain, who had, with appellant, a contract to purchase, on a credit basis, its articles of merchandise. The claimed amount is $487.49, with lawful interest thereon from July 1, 1934.

When the evidence had been concluded, the trial court gave the general affirmative charge in plaintiff’s behalf and added orally: “Gentlemen, should you find for the plaintiff under the affirmative charge which the court has given you, you will ascertain the amount due under the contract and…