Ashby v. Dunn

Opinion op the Court by

Judge Cammack

— Reversing.

The appellant, Rollie Ashby, plaintiff below, is insisting that the trial court erred in giving a peremptory instruction in favor of the appellees at the conclusion of his evidence in an action to recover $350 for damages to a tractor loaned to the appellees. He first sued W. H. Dunn and Ira Daugherty, alleging that they were doing a partnership business under the name of Dunn and Daugherty. Ashby alleged further that he loaned these parties a tractor, which was in good condition, to operate a rock crusher belonging to them with the…