Barnett v. Ashley

Counsel for the defendant in error in their brief contend that the nonsuit was properly granted because the plaintiff’s evidence was insufficient to make out a case in the following respects: (a, b) she failed to prove that her intestate owned the timber which was the subject matter of the alleged sale and that the defendant cut any of the timber or received any of the proceeds thereof; (c) she failed to prove any amount, so that there would not be sufficient evidence to support a verdict for any given sum; (d) she failed to prove a contract sufficiently definite to be enforceable; and (e)…