John Scowcroft & Sons Co. v. Roselle

PORTER, Justice.

Respondent brought this action to recover from appellant the balance due upon an open account for goods, wares and merchandise allegedly sold and delivered to appellant. At the close of respondent’s case appellant moved for a judgment of nonsuit upon the ground of the insufficiency of the evidence. The motion was denied. Appellant then rested his case. The jury rendered a verdict for respondent for $315.70, being the amount shown to be unpaid on the open account. Judgment was entered accordingly. Appellant has appealed to this court from such judgment.

The principal assignments…