Mathes v. Huey-Philp Hardware Co.

This suit was filed by the appellee against H. L. Mathes and H. A. Winter to recover the value of one Hobart dough-mixer. All matters of fact as well as of law were submitted to the court, and on trial the court rendered judgment for the plaintiff as prayed for, and also rendered judgment for the defendant Mathes over and against his codefendant Winter, and the defendants have appealed to this court.

The plaintiff’s petition alleges that: “The plaintiff owned and was in possession of one Hobart dough-mixer, which was situated in the Darden Gafé at Vernon, Tex. That the plaintiff sent its…