Paul Martin Co. v. Sumpter

CLAGETT, Associate Judge.

Appellant sued appellee for an alleged unpaid balance arising out of a series of transactions whereby appellant delivered certain articles of women’s clothing to ap-pellee. Appellant claimed the transactions were sales. Appellee alleged that the goods were delivered on “consignment” and were ■to be paid for only, when resold by her at retail. An offer to return the unsold goods was made prior to trial, but such offer was rejected by appellant. The trial court held for appellee on the ground that appellant had not proved sales by the preponderance of the evidence; this…