Ohio Pottery & Glass Co. v. Black

Appellant, a partnership, brought this action in the justice court of Deaf Smith county against E. B. Black, ap-pellee, upon an open account in the sum of 8140.91, where judgment was rendered in favor of appellee. Appellant appealed to the county court, where, upon a trial before the court without a jury, judgment was again rendered in favor of appellee. By oral pleadings, noted upon the docket, appellant alleged the delivery of the goods in good condition and the failure of appellee to pay. Appellee alleged that the sale was by samples, and that the goods delivered to him were not equal to…