Fred W. Wolf Co. v. Galbraith

STEPHENS, Associate Justice.

This is the second appeal in this case, the judgment having been reversed on the former appeal because the court refused to submit a material issue of fact to the jury, as will be seen from the opinion of Justice Speer, reported in 80 S. W. Reporter, page 648, where the case is stated and the main issues are discussed.

The judgment must now be reversed because the evidence did not warrant the verdict, which was in the sum of $1,617, to cover profits lost on the sale of ice, which appellee failed to make and deliver to T. J. Green for want of the ice machine which…