Mochar Sales Company v. Meyer

STORCKMAN, Presiding Judge.

The plaintiff obtained a verdict and judgment for $28,875 including interest in its suit on an account for charcoal sold and delivered at the special instance and request of the defendant. The trial court sustained the defendant’s motion for a new trial on six grounds. Three relate to the conduct of the trial and three to the giving'of instructions to the jury. The plaintiff has appealed from the order and judgment granting the defendant a new trial.

Plaintiff’s amended petition on which the case was tried alleged in substance that Mochar Sales Company, a Nevada…