Carmichael Tile Co. v. Summitville Tiles, Inc.

Nichols, Judge.

The sole question presented for decision is whether the verdict directed was demanded by the evidence.

The plaintiff introduced in evidence a ledger sheet which disclosed that, while the plaintiff had extended credit to the defendant both before and after credit was extended on its invoice No. 9731, the only partial payment made was made on such invoice. The evidence further showed without conflict that the defendant purchased the tile, shown on invoice No. 9731, at the price charged, that delivery of such tile was made to the defendant, and that the defendant had sent the…