Holman Bros. v. Cusenbary

This is a suit instituted by appellants to recover of Annie E. Cusenbary, W. R. Cusenbary, Ben Cusenbary, and Hattie Cusenbary the sum of $1,000, which had been paid on certain sheep sold by appellees to appellants, and for the sum of $2,375, damages arising from failure to deliver the sheep free from disease of scab or scabies. The cause was submitted to the jury on special issues, but in spite of that fact, and without the request of either party, the court filed his conclusions of fact and law, in one of which conclusions of fact the judge stated:

“That after the retirement of the jury the…