Leitner v. Goodwin & Beall

Jackson, Judge.

Goodwin & Beall sued Leitner for the money paid for certain fertilizers which they alleged proved to be valueless. The jury found a verdict of two hundred and thirty-nine dollars and seventy cents, and Leitner moved for a new trial upon the ground that the verdict was contrary to law, contrary to evidence, and that the court erred in charging the jury that the plaintiffs were entitled to expenses of haul*149ing the fertilizer, if the fertilizer proved, to be utterly valueless for the purpose for which it was sold, there being no allegation in the declaration about the hauling.

The…