Brown Shoe Co. v. Crosby

(After stating the foregoing facts.) Head-notes 1 and 2 do not require elaboration. Nor do the others. It only remains to apply to • the facts of this case the well known principles therein announced.

For either of two separate reasons it was error to grant the new trial. First, conceding for the present that no error was committed in the ruling upon the pleadings, the- evidence failed altogether to show that the goods were totally worthless. The plea as it stood was not sustained by the proof. Again, no data was furnished by which to determine the reduction to be made for the alleged…