Whisenant v. Willingham

CATES, Judge.

Mr. and Mrs. Willingham ran a gasoline filling station. Mr. Whisenant bought gasoline from them. They got judgment for $607.63 against him on action for account.

Mr. Whisenant asked for the affirmative charge and moved for a new trial. Both these requests were denied.

The appellant argues two points:

1) That the verdict is contrary to the great weight (and preponderance) of the evidence; and

2) That there was a fatal variance between pleading and proof.

I

• There was evidence for the plaintiff of Mr. Whisenant’s allowing his sons (who were originally parties but later dismissed) to…