McGill v. Rothgeb

Appellee recovered judgment in a suit brought by him for balance due for corn sold by sample and shipped to Philadelphia. Two grounds for a reversal are urged: First, that the verdict.was against the evidence; second, that the court erred in overruling his motion in arrest of judgment on account of noh-joinder of party plaintiff.

The only defense- made upon the trial was that the corn shipped was not equal in quality to sample. It was the only controverted question submitted to the jury. The evidence was quite conflicting and was not such as to justify an interference with the verdict. The…