Overland Sales Co. v. Pierce

(after stating tlie facts as above). On tbe theory that it appeared as a matter of law it was entitled to the relief it sought, appellant requested the trial court to instruct the jury to find in its favor for the amount of the note and a foreclosure of the mortgage made to secure it. In support of its contention that the refusal of the request was error, which entitles it to a reversal of the judgment, appellant insists, if it appeared that it undertook to sell the car as charged by appellee, it also appeared, and conclusively, first, that the undertaking was without a consideration; and,…