Cooper v. Russell

FLY, Chief'Justice.

This action originated in a justice’s court and was on an open account for $142.55, being prosecuted by plaintiffs in error, herein styled plaintiffs, against defendant in error, for brevity named defendant. Judgment was rendered in the justice’s court in favor of plaintiffs for their full claim. On appeal to the county court, on responses by a jury to special issues, plaintiffs recovered nothing and all costs were assessed against them. The items on which the claim was founded were oil and gasoline.

The jury found that plaintiffs did not own the oil and gasoline, but that…