Dobson v. John Clemens & Co.

-The petition was filed December 22, 1920. The answer was filed March 2, 1921. The trial was begun March 22, 1921. Appellants state that they alleged payment to one Readout, who was the agent of plaintiff. As to this, appellee contends that defendants are seeking to shift their position in this court,- that in the district court, defendants’ claim was that the sale in this instance was made by Readout alone, and that plaintiff did not have to do therewith; that defendants did not plead nor attempt to plead that payment was made to Readout as agent, until the evidence was closed and the case…