McCaskey Register Company v. McCurry

Appellee executed a note to appellant payable in installments for the purchase price of an article referred to in the exhibits and testimony as a “register” and again as a “filing cabinet.” Appellee defended in an action to enforce the payment of the note on the ground of failure of consideration. From an adverse verdict appellant has appealed, and assigns as error the action of the trial court in refusing to exclude from the jury a part of the opening statement of ap-pellee’s counsel.

1. In the bill of exceptions appears the following: “Plaintiff’s objection to the opening statement of…