Berg v. Fraser

■ This is an appeal from a judgment entered on a jury verdict in favor of plaintiff, Lloyd Berg, doing business as the Winett Motors, in a suit to recover from defendant, R. B. Fraser, the price of merchandise sold, and from an order denying a motion for a new trial.

In his complaint, plaintiff set forth two causes of action. At the commencement of the trial, it was stipulated that the amount sought under the first cause of action was due and owing to the plaintiff and that judgment should be entered accordingly. This aspect of the case is therefore not involved on this appeal.

For his second…