Dominion Textile Company, Ltd. v. Beck

Kirby, J.,

(after stating the facts). It is contended by appellant that the court erred in refusing to direct a verdict in its favor at the conclusion of the testimony, as well as in the eivinsr and refusal of certain instructions and in the admission of certain testimony objected to by it.

It appears from the testimony that appellee only’in fact owned 28 of the 330 bales sold, the rest of the cotton belonging to other individuals with whom the deal was made; and the great preponderance of the testimony shows that the sale was made, that it was made on call, and that the appellant’s agent…