Brower v. Fenner & Beane

KNIGHT, Justice.

The plaintiffs, doing business under the partnership name of Fenner & Beane, brought this suit against the defendant, Walter S. Brower, to recover a sum of money alleged to be due them on account of certain business dealings between said parties during the year 1929. Plaintiffs’ complaint consists of the common counts. The defendant pleaded the general issue, tender, and payment.

At the conclusion of the evidence the court gave, at the request of the plaintiffs, the general affirmative charge, with hypothesis; and the court also, at the request of the defendant, gave the…