Shillito Co. v. Henderson-Achert Lithographing Co.

Opinion by

Smith, J.,

(Dissenting.)

This is an action by the HendersonAchert Lithographing Company to recover from the John Shillito Company the sum of 83556.99 with interest thereon from January 4, 1897. The case was tried below before a jury and a judgment recovered by the plaintiff for the full amount claimed; and error is now prosecuted here to reverse that judgment.

With the exception, to which I shall hereafter refer, all the facts in the case are admitted; and as the'one fact in dispute has been found by the jury in favor of the defendant in error, and as such finding is not manifestly…