Edwards v. Whitley City Sales, Inc.

MILLIKEN, Justice.

This is an action on an express contract entered into on May 3, 1947, between the appellee, Whitley City Sales, Inc., and the appellant Ellis Edwards. Appellee, plaintiff below, was awarded $1,500 after trial by a jury in the Fayette Circuit Court.

On appeal, appellant urges four grounds for reversal: (1) The admission of incompetent evidence; (2) the overruling of his motion to file an amendment to his answer after all the evidence was in; (3) the jury was incorrect in finding that a condition of the contract was not fulfilled; and (4) improper argument of counsel.

By the…