E. R. Godfrey & Sons Co. v. Odenwald & Son

OPINION

JONES, J.

This is an appeal from a judgment in favor of plaintiff after a hearing of plaintiff’s case only. Upon being served with the original and supplemental *85petitions of plaintiff, the defendants excepted to the various petitions, and later filed answer. Though the case was fixed for trial in the usual way, through an oversight on the ¡part of defendant’s counsel, he did not observe the date and was not advised of the judgment until after the judgment was signed.

In original petition plaintiff alleges as follows:

On May 29, 1920, it purchased from Richeimer Brokerage Company, broker…