W. M. Bell Co. v. Emberson

Jones, J..

It is argued by counsel for defendant that fhe finding of the court that the transactions in question were gambling contracts is supported by the testimony of defendant’s manager and the documentary evidence referred to in the statement of facts.

According to the testimony of the manager he did not intend that there should be actual delivery of any of the grain bought or sold, although his testimony as to the rye and wheat sales was quite inconsistent. His testimony as to his personal intention was at least- rather unsatisfactory as showing the intention of the defendant company. The…