Limestone Products & Supply Co. v. Tom Brown, Inc.

Opinion by

Ervin, J.,

Plaintiff, Limestone Products and Supply Company, instituted this action in assumpsit against Tom Brown, Inc. for payment of money alleged to be due under a contract for delivery of ready mixed concrete. Plaintiff recovered a verdict of $877.89 with interest of $272.15, making a total of $1,150.04. The defendant, after the dismissal of its motion for new trial and the entry of a judgment upon the verdict, took this appeal.

Appellant alleges that the verdict was against the weight of the evidence by reason of the failure of the plaintiff to establish that plaintiff had…