Emerson v. Stevens Grocer Co.

This is the second appeal in this case. The first appeal is reported in 95 Ark. 421, under the style of Emerson v. Stevens Grocer Company. The issues and facts are fully stated in that decision, and, as counsel for appellants concede that the facts on the retrial of the case are the same, they need not be restated here. Appellee brought this suit against appellants to recover damages for failure .to deliver a car of potatoes which the former alleges the latter had sold it. There was a verdict and judgment for the appellee, and the case is here on appeal.

It is first contended by counsel for…