C. S. Evans & Co. v. Early & Daniel Co.

Opinion op the Court by

Judge O’Neal

Affirming.

This is the second appeal of this case, appellant being the defendant and appellee the plaintiff in the circuit court. Upon the former appeal a judgment for the defendant entered upon a jury’s verdict was reversed by this court upon the ground that the verdict was flagrantly against the evidence. Upon the return of the case to the lower court there was a retrial. The same state of facts was proven, largely by documentary evidence, and upon the plaintiff’s dismissing one item of damage claimed in its petition about which there was some conflict in…