Simmons Cohn Co. v. Weil

Appellant sued appellee to recover $447.50, the price of 45 suits of men’s clothes, ordered by appellee of appellant and by them shipped to him, 36 of which suits appellee refused to receive and pay for, op the grounds that they were not of the kind, quality, sizes, or workmanship ordered. The case was tried before a jury upon special issues, upon the answers to which judgment was rendered in favor of appellant for $85.50, and that each party pay óne-half of the costs, from which judgment appellant appeals.

Appellant’s first assignment of error is that “the court erred in refusing to give…