Petty v. Knight-Petty Merc. Co.

Opinion by

LOGSDON, C.

As presented in -the brief of defendant, only two contentions are made in this court, as follows:

First, that the trial court erroneously admitted certain testimony over the' objections and exceptions of defendant.

Second, that there is a variance between the allegations and the proof on the part of plaintiff, and that the evidence is therefore insufficient to support the verdict and judgment.

Under his first contention defendant sets out in his brief a large portion of the testimony of the witness Ellinger as to the contents of the general ledger accounts of the…