Main Street Tobacco Warehouse Co. v. Bain Moore Tobacco Co.

*778Opinion op the Court by

Turner, Commissioner—

Reversing on each appeal.

These two actions were instituted by the two appellees as plaintiffs against the same defendants, on the same day. They grow essentially out of the same facts, and were tried together upon .the same evidence in the trial court, and will be heard and disposed of together in this court, as they present the same questions.

In the original petitions a firm said to be composed of N. J. Hitz and-Dannenhold, under the firm name of Hitz & Dannenhold, were the only defendants except that appellant, Main Street Tobacco Warehouse…