Knight v. Causby

1. Under the pleadings and.the evidence, the issues which came up for consideration and decision by the court and jury may be stated as follows:(a) Was the first contract between the plaintiff and the defendant, entered into on October 4, 1939, superseded by the second contract entered into on October 6, 1939, between the plaintiff and the defendant of the one part and Jackson’s Dairy of the other part ? We will first address ourselves to this question for the reason that the trial court allowed evidence on it and submitted it to the jury, and the jury found this issue against the plaintiff.…