Webb v. Smith

This action was begun in the justice of the peace court in Randolph County, was appealed to the circuit court, and, after the evidence was introduced, the court directed a verdict for the appellee. Motion for a new trial was filed, overruled, and exceptions saved, and appeal prayed and granted.

The appellee testified in substance: That appellant’s two mares were bred to appellee’s jack, and that the fee was $10 each; that he had a notice on the barn door reading: “Terms $10 to insure a living colt. If mare is traded after service, fee becomes immediately due.”

The appellant testified that there…