Mitchell-Taylor Tie Co. v. Whitaker

Opinion of the Court by

Judge Carroll

Reversing.

The appellee, Whitaker, brought this suit against the appellant Tie Company seeking to recover .something over five thousand dollars that he alleged it was liable to him on account of a tie contract. On a trial before a jury there was a judgment in his favor for five hundred dollars, and the Tie Company appeal's.

The contract between these parties was not in writing, and the substance of it, as set out in the petition, was "that in 1911 Whitaker entered into a contract with the Tie Company by which he undertook and agreed to deliver to it “at…