Jewell v. Martin

The court erred in overruling the motion for new trial.

DECIDED APRIL 21, 1942.

Jewell instituted suit against Martin for payment of an open-account balance of $159.20 alleged to be due plaintiff by defendant for feed and chicken supplies sold to defendant. Defendant answered alleging payment to plaintiff through an alleged agent, Charlie Gazaway. The jury returned a verdict in favor of the defendant. The plaintiff moved for a new trial. The motion was overruled and the plaintiff excepted, assigning error on the overruling of his motion on the general grounds only.

The evidence in substance was…