Emerson Shoe Co. v. Neely

Lively, President:

This litigation arises from a sale of shoes, specially manufactured by Emerson Shoe Company, a manufacturer of shoes in Rockland, Massachusetts, to and for The Hub Clothing Company, of Hinton, West Virginia, a partnership composed of W. C. Neely and R. C. Neely.. Plaintiff sued for the sale price of the shoes before a justice of the peace, and on appeal to the circuit court a jury found for defendants. A motion to set aside the verdict as contrary to the law and evidence was overruled and judgment nil capiat entered April 22, 1924. This writ followed.

No instructions to the…