Gibson v. Miller

— On the 9th day of December, 1924, the defendant signed a written order authorizing plaintiff to furnish a monu ment of a certain kind or description for the grave of defendant’s wife. One of the provisions of the contract was: “This order subject to the approval of the main office.”

The first error assigned is that the court erred in overruling defendant’s motion for a directed verdict at the close of defendant’s testimony, for the reason that the order was never accepted according to its terms.

The second error involves the same question, and was raised by a refusal to give a requested…