Ingram Legrand Lumber Company v. McAllister

The'plaintiff lumber company brought an action in trover against'McAllister, to recover the value of certain timber belonging to the plaintiff and alleged to have been cut and sold by the defendant. A verdict for the defendant was returned, and the plaintiff’s motion for new trial was overfilled. ’ One ground of the motion assigns as error the following excefpt from" the charge of the court: “If you should find for the plaintiff in any sum whatever, the defendant is entitled to a credit there -of $120.' In other words, it is admitted by all parties that $120 was' paid for certain wood found…