McGinnis v. R. K. Johnson Co.

Letton, C.

This action was originally brought in justice court to recover damages for the breach of a contract of sale and delivery of two cars of coal sold by the plaintiffs to the defendant. The bill of particulars alleged that an order was given to plaintiffs for two cars of coal, the delivery of one car to the defendant and payment therefor, and the tender to it of the second car and its refusal to accept the same. No answer was filed, but a continuance for 30 days was granted at defendant’s request. The defendant failed to appear at the time to which the cause was continued. A trial was…