Emerson Shoe Co. v. Neely

Lively, Judge :

By this action of assumpsit, the plaintiff in error, the Emerson Shoe Company, seeks to recover from defendants in error, W. C. and K. C. Neely, partners doing business as the Hub Clothing Company, the sum of $258.32 for shoes purchased. Judgment of nil capiat was. entered upon the jury’s verdict for defendant, and this writ of error followed.

The facts of this case are fully set out in the opinion of this court reversing the judgment of the circuit court upon the first trial, as reported in 99 W. Va. 657, 129 S. E. 718. The evidence introduced in this and the former trial was…