Sears Roebuck and Co. v. Duke

REAVLEY, Justice.

Sears, Roebuck and Co. sued Waldo Duke for the price of merchandise sold to an impostor using the Sears credit card issued to Duke. The purchases were made within two weeks following Duke’s loss of the card, and two weeks before either he or Sears had knowledge of its loss. After the jury absolved both parties of negligence, the trial court entered judgment for Sears. The Court of Civil Appeals ordered a new trial on the ground that Sears failed to offer sufficient proof of the exercise of care, on the occasion of each sale, to ascertain the identity of the credit card user.…