J. D. Streett & Co. v. Bone

ELMO B. HUNTER, Special Judge.

This is an appeal from a judgment for defendant in a suit by plaintiff, J. D. Streett & Co., Inc., on an open account wherein defendant, Arthur C. Bone, purchased merchandise from plaintiff for use and sale in his service station operation.

Plaintiff’s appellate contentions are: (1) That the trial court abused its discretion in overruling plaintiff’s motion for a new trial in that the greater weight of the evidence was entirely against defendant, and (2) that in any event this court under the “plain errors” rule should order a new trial.

Plaintiff’s suit was filed…