Austin v. Bundy

The plaintiff brings his action under the common counts seeking to recover the sale price of a Hardwick combination gas and oil range, and a Duo-Therm pot burner set forth in specifications at $200. The defendant filed no answer and issue was joined under a general denial. A trial was had by a jury. At the close of the plaintiff’s case, the defendant moved for a directed verdict, which was granted. The case is here on the plaintiff’s exceptions to the action of the trial court in directing a verdict for the defendant, and to the judgment thereon.

In passing upon the defendant’s motion for a…