Thompson v. Clark

Griffin Smith, Chief Justice.

The matter for determination is whether the trial court was justified in instructing the jury to return a verdict for the defendant.

The commissioner of revenues alleged non-payment of two checks issued by Sam R. Clark for obligations incurred under a sand and gravel permit issued September 1, 1950, responsive to an application of August 29, 1950. The checks are dated September 25, 1951— nearly thirteen months after the permit (referred to by appellee as a contract) was executed. One check is for $1,327.35, the other for $200.60. The larger remittance is endorsed:…