Mueller v. Simon

Appellee, as plaintiff, sought to recover from appellant the sum of 8362.56, the same being the full purchase price paid in advance by appellee to appellant for certain goods, wares, and merchandise, less the value of the portion of said goods for which he allowed appellant credit.

The appellant answered by general exception and special denial of the facts alleged in the petition. Judgment for appellee for the amount sued for.

Appellant’s first assignment of error is as follows:

“The court erred in overruling and in not sustaining the second ground of appellant’s motion for a new trial, as…