Allen v. Simmons

MEREDITH, PRESIDENT :

Plaintiff, the seller, sued in aiasumpsit, to recover damages for defendant’s breach of a contract for the sale and purchase of a quantity of feed. The first trial of the case in the circuit court resulted in a judgment for defendant, which judgment was reversed by this court in our opinion appearing in 90 W. Va. at page 774, 111 S. E. 838. Upon re-trial defendant obtained a second verdict and judgment, and the case is again before us on writ of error.

As disclosed by our former opinion, plaintiff’s salesman, on March 14th and April 12th, 1918, secured two orders from…