Davenport v. Harry Payne Motors, Inc.

HUGHES, Justice.

Harry Payne Motors, Inc., appellee;-sued appellant Mrs.- O. H. Davenport upon' a verified account for the purchase price of a disc plow and disc harrow and for attorneys’ fees under Art. 2226, Vernon’s Ann. Civ.St. 1

A jury trial resulted in verdict and judgment for appellee for $468.86, Cost of the implements, and $350 attorneys’ fees.

There are four points of error, the first of which relates to the court’s charge to the jury.

The court propounded this issue to the jury:

“Do you find from a preponderance of the evidence that the double disc plow, when properly operated, would…