Kaufman v. Austin & Co.

Warner, Chief Justice.

This was an action brought by the plaintiffs against the defendants to recover damages for refusing to receive and pay for a lot of bacon which the plaintiffs alleged the defendants had purchased of them. On the trial of the case, the jury, under the charge of the court, found a verdict in favor of the plaintiffs for the sum of $323 35. A motion was made for a new trial on the following grounds:

1st. Because the court erred in charging the jury, ‘‘ that if the defendants, when the bill was presented to them, failed to point out the overcharges in the bill to plaintiffs,…