Devoe & Raynolds Co. v. Futch-Flowers Motor Co.

SAMEÜRD, J.

Action in assumpsit. From a judgment for plaintiff, defendant appeals. This case was tried by the court, without the intervention of a jury, resulting in a judgment for plaintiff. The evidence was in some conflict with reference to certain details, but of sufficient probative force to sustain the judgment of the court on the facts. It will, therefore, in stating the facts as basis for the court’s ruling on the law, not be necessary to consider the conflicting testimony of defendant.

Briefly stated, the facts are as follows:

On November 8, 1922, H. T. Fitzpatrick as sales manager of…