Whitaker v. Mitchell Manufacturing Co.

244 S.W.2d 965 (1952)

WHITAKER

v.

MITCHELL MFG. CO.

No. 4-9641.

Supreme Court of Arkansas.

January 7, 1952.

Concurring Opinion January 22, 1952.

E. J. Butler and Mann & McCulloch, all of Forrest City, for appellant.

Norton & Norton, Forrest City, for appellee.

WARD, Justice.

This is an appeal from a judgment of the lower court in the sum of $492.89 in favor of appellee against appellant. A jury was waived, the facts stipulated, and only one question is raised in the motion for a new trial.

Suit was filed February 12, 1951, by appellee for recovery on merchandise sold in July and August of 1950 to…