Creasey Grocery Corp. v. Southern Mercantile Co.

Hart, J.,

(after stating the-facts). Under our practice, where both parties request a peremptory instruction and ask no other instructions, they thereby submit the case to the court sitting as a jury, and the court’s finding will be affirmed on appeal if-there-is 'any testimony legally sufficient to support it. St. L. Sw. Ry. Co. v. Mulkey, 100 Ark. 71, and Staggs v. Joseph, 158 Ark. 133.

The undisputed evidence shows that the defendant purchased goods from the plaintiff in the sum of $167.50.' The defendant admits this to be true, and'seeks to recover by way of counterclaim from the plaintiff…