Blackstock, Hale & Morgan v. Phillips-Jones Co.

Bloodworth, J;

Only the ruling stated in the 5th headnote needs any elaboration. This was-a suit on account for the price *775of certain shirts sold by the plaintiff, Phillips-Jones Company, to the defendant, Blackstock, Hale & Morgan. The plaintiff alleged, in paragraph 9 of the petition, that the defendants refused to accept the goods, and that they “stored same as the property of defendants, and same are now stored as the property of defendants, and petitioners bring this suit and pray judgment for the purchase price with the interest,” etc. The plea answering this paragraph put the plaintiff…