Stephens v. Broyles

Reversing.

W. A. Stephens instituted this action against Glenn and Allen Broyles, partners doing business as Broyles Lumber Company, to recover $2075 for the breach of an alleged contract to saw certain timber and to purchase same after it was converted into lumber. The trial resulted in a verdict for the defendants and from the judgment entered thereon dismissing the petition, plaintiff appeals.

The sole ground relied upon for reversal is that the court erred in giving instruction number three offered by defendants. Before setting out this instruction we think it will help in clearly…