Kallmeyer v. Garland

Opinion by

RUTH, C.

Plaintiff below, Thomas W. Garland, sued the defendants below, Theodore Kallmeyer and H. A. Davidoff, on open account. The defendants’ answer admitted the account, but alleged they were entitled^ to a certain credit for goods returned to plaintiff, and the cause was tried to a jury and a verdict rendered for plaintiff for the sum claimed. Judgment was entered thereon, and defendants appeal. Defendants did not demur to the evidence or request an instructed verdict, and the insufficiency of the evidence to sustain the verdict is not presented to this court on appeal. Muskogee…